Delhi High Court - Orders
M/S. M.L. Brothers Llp vs Uma Impact Private Limited & Anr on 1 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 132/2019
M/S. M.L. BROTHERS LLP ..... Plaintiff
Through: Mr Umesh Mishra Adv. (M.
9868401295)
versus
UMA IMPACT PRIVATE LIMITED & ANR. ..... Defendants
Through: Mr. G. Nataraj, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.11.2023
1. This hearing has been done through hybrid mode.
2. Vide order dated 15th May 2023, it was recorded that there appeared to be a possibility of settlement in the matter. This Court directed as follows:
"1. In the above captioned application, an ad-interim ex-parte injunction was granted on 12th March, 2019, which was assailed by the Defendants in FAO(OS)(COMM) 68/2019. Vide order dated 03'''' April, 2019 the Division Bench limited the ex-parte injunction order to the trade dress of three products mentioned in the plaint.
2. Counsel for parties are in agreement that the injunction order, as modified by the Division Bench, can continue to operate during the pendency of the present suit. It is directed accordingly.
3. The application is disposed of."
3. Today, ld. Counsel for the Defendants wishes to give a proposal to the Plaintiff for amicable resolution of disputes. Let the proposal be forwarded by 15th November, 2023.
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 03/11/2023 at 23:40:42
4. At this juncture, ld. Counsel for the Plaintiff submits that the Plaintiff is willing to finally amicably resolve the disputes with the following conditions:
(1) That the suit be decreed in terms of the order of the ld. Division Bench dated 3rd April, 2019.
(2) Insofar as the slogan 'BORN TO WIN' is concerned, the parties are contesting their respective trademark applications before the Trade Marks Registry and the contention of the parties in respect of the same, shall be left open.
5. Let the Defendants revert with instructions in respect of the above conditions.
6. List on 19th December, 2023.
PRATHIBA M. SINGH, J.
NOVEMBER 01, 2023/dk/dn 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 03/11/2023 at 23:40:42