Delhi High Court - Orders
Felix Healthcare Private Limited vs Felix Health Ai Private Limited on 29 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 892/2022, I.A. 21944/2022
FELIX HEALTHCARE PRIVATE LIMITED..... Plaintiff
Through: Mr Vishal Sharan, Adv. (M.
9990886397)
versus
FELIX HEALTH AI PRIVATE LIMITED ..... Defendant
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday, Mr.
Krishnan V. Advs. (M. 9810788606)
Mr K R Subramanian, & Mr S. Sastry,
Advs. (M. 9810189262; 9811699122)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 29.11.2023
1. This hearing has been done through hybrid mode.
2. The present suit relates to the trade mark Felix, Felix Healthcare, Felix Hospital, etc. The Plaintiff in the matter, is aggrieved with the adoption of the mark 'FELIX' in corporate name of Defendant.
3. The Defendant was utilising the impugned mark for providing artificial intelligence backend services to its parent entity in the United States, who also operates/ maintains the "www.felixhealthcare.ai" website. However, the Defendants were agreeable to amicable resolution of the matter on the first date of hearing.
4. This Court vide order dated 22nd December, 2022 considered the matter and referred the parties to mediation before the Delhi High Court Mediation and Conciliation Centre.
5. On the last date of hearing on 25th September, 2023, this Court had taken into consideration the delay in the resolution of the disputes. The This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:29:55 Court was informed by the ld. Counsel for the Defendants that since there was no timeline in the change of name application of the Defendant filed with the MCA, the settlement is getting delayed. Accordingly, the Court vide order dated 25th September, 2023 had directed as under.
"3. It appears to the Court that the reason why the settlement is getting delayed is because the application for change of the name filed by the Defendant is not being processed by the MCA. Accordingly, the MCA shall process the change of name application of the Defendant and permit the same within a period of two months from today.
4. Copy of this order be communicated to the MCA through Mr. Harish V. Shankar, ld. CGSC."
6. Today, on behalf of the MCA, Ld. Counsel for the Defendant has informed the Court that the change in name has been approved by the MCA from 'Felix Health AI Private Limited' to 'DOCSYNK AI Solutions India Private Limited'. As of 13th October, 2023, the certificate of incorporation issued by the Ministry of Corporate Affairs pursuant to the change of name, has been handed over by ld. Sr. Counsel Mr. Harish Vaidyanathan.
7. In view of the fact that the new name has been approved, ld. Counsel submit that the settlement has now been finalized between the parties. The settlement agreement dated 28th November, 2023 is on record.
8. The Defendants have acknowledged the Plaintiff's rights in the trademark 'FELIX', 'Felix Healthcare' and 'Felix Hospitals' as also the trade mark/trade name 'FELIX'. The Defendants have also represented that the change of name from 'Felix Health AI Private Limited' to DOCSYNK AI Solutions India Private Limited has been effected.
9. The Defendant has also undertaken to take down the domain name www.felixhealthcare.ai and has sought time to get the same cancelled. Let This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:29:55 the Defendant take steps for cancellation of the domain name within 10 days.
10. As per the settlement terms, a sum of Rs. 75,000/- towards legal costs has also been transferred to the Plaintiff. The Defendant has also submitted to a permanent injunction. Further, the Defendant has undertaken to never file any application for registration of trade mark/ trade name/ domain name or any other application for a mark or name which is confusingly similar to the Plaintiff's marks.
11. The settlement terms are contained in paragraph (i) to (xvi) of the settlement agreement. The Court has perused the settlement agreement, the terms of the settlement are lawful. There is no impediment in recording the same. The parties and all others acting for and on their behalf shall be bound by the settlement terms.
12. As per the terms of settlement, the Plaintiff has forgone its claim and relief for delivery up, damages, cost and other reliefs sought in paragraphs 40(b), 40(d), 40(e) and 43(c) of the Plaint.
13. The suit is decreed in terms of paragraphs (i) to (xvi) of the settlement agreement. The settlement terms shall form part of the decree. Let the decree sheet be drawn accordingly. All pending applications are disposed of.
14. In view of the fact that the disputes have been amicably settled through mediation and since the suit has been settled at an early stage, full court fee is directed to be refunded to the Plaintiff through Counsel in terms of the judgment in Nutan Batra v. Buniyaad Builders [(2018) 255 DLT 696].
PRATHIBA M. SINGH, J.
NOVEMBER 29, 2023 Sds/bh This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:29:55