Delhi High Court - Orders
Global Car Group Ltd & Anr vs Jitender Narula on 26 September, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 127/2022 & I.A. 3070/2022
GLOBAL CAR GROUP LTD & ANR. ..... Plaintiffs
Through: Mr.Mohit Goel, Mr. Sidhant Goel and
Mr. Abhishek Kotnala, Advocates.
versus
JITENDER NARULA ..... Defendant
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 26.09.2022
1. Learned counsel appearing on behalf of the Plaintiffs submits that the parties have amicably resolved their disputes before the Delhi High Court Mediation and Conciliation Centre. Settlement Agreement in terms of the settlement between the parties has been executed on 18.08.2022. Terms of settlement are as follows:-
1. The Defendant states that he has already stopped the use of the Infringing Marks including the Infringing Domain Name <www.trucks24x7.in>, and further undertakes not to use the same in any manner whatsoever. The picture/representation of the Infringing Marks are annexed as Annexure D.
2. The Defendant hereby acknowledges Plaintiffs prior and undisputed statutory and common law rights for their 24 formative marks, as mentioned in the plaint and further undertakes never to challenge the same before any jurisdiction.
3. The Defendant will not adopt / use any mark which is identical and/or deceptively similar and/or conceptually similar Signature Not Verified Digitally Signed CS(COMM) 127/2022 Page 1 of 3 By:KAMAL KUMAR Signing Date:27.09.2022 16:01:05 and/or is a deceptive variant of Plaintiffs' 24 formative marks, in any manner whatsoever.
4. The Defendant states that the Infringing Domain Name <www.trucks24x7.in> has already expired with effect from 28.06.2022 and that he has not renewed the same nor has any intention to do that in future. The Defendant further states that he no longer owns the infringing domain name and is no longer the registrant of the same.
5. The Defendant undertakes that he will not use the infringing domain name and/or any other domain name which is deceptively similar to and / or conceptually similar to and/or contains the Plaintiffs' 24 formative marks.
6. The Defendant states that he has not applied for and / or secured any other trade mark application in respect of the Infringing Mark other than application bearing no.3824241 before the Trade Marks Registry, which is already refused by the Trade Marks Registry.
7. The Defendant further undertakes to never to apply for registration for the Infringing Marks and any mark which is identical and/or deceptively similar and/or conceptually similar and/or is a deceptive variant of Plaintiffs' 24 formative marks.
8. The Defendant undertakes that he or any of his affiliates will not adopt / use any mark which is identical and/or deceptively similar and/or conceptually similar and/or is a deceptive variant of Plaintiffs' 24 formative marks, as illustrated in the plaint, in any manner whatsoever for its business activities, in future. For the ease of reference, a list of Plaintiffs' 24 formative marks is annexed as Annexure E.
9. The Defendant further states that he has destroyed all the materials including packaging, labels, brochures, visiting cards, etc. in respect of the Infringing Marks which were in the possession of the Defendant, which the Defendant was using hereinbefore.Signature Not Verified Digitally Signed CS(COMM) 127/2022 Page 2 of 3 By:KAMAL KUMAR Signing Date:27.09.2022 16:01:05
10. The Defendant further undertakes that he has already and/or shall take down/block/removed all the social media accounts, third party listings of its business activities under the Infringing Marks, if any, within one week from the execution of the present Mediation / Settlement Agreement.
11. In view of the aforesaid undertaking and submissions, the Plaintiffs agree not to claim any damages/costs from the Defendants.
12. In any event, if the Defendant violates the terms of the settlement, the Plaintiffs will be at the liberty to institute appropriate legal proceedings against the Defendant."
2. This Court has perused the terms of settlement and the same are found to be lawful.
3. Suit stands decreed in terms of the Settlement Agreement dated 18.08.2022. Terms of the Settlement Agreement shall form part of the decree.
4. Needless to state, parties concerned shall remain bound by the terms of the Settlement Agreement and the undertakings given therein.
5. Registry is directed to draw up the Decree sheet.
6. Plaintiffs are entitled to refund of the full Court Fees deposited by them, in accordance with provisions of Section 16 of the Court Fees Act, 1870 read with Section 89 CPC, 1908.
7. Registry is directed to refund the Court fees deposited by the Plaintiffs.
8. Suit is disposed of along with the pending application.
JYOTI SINGH, J SEPTEMBER 26, 2022/shivam Signature Not Verified Digitally Signed CS(COMM) 127/2022 Page 3 of 3 By:KAMAL KUMAR Signing Date:27.09.2022 16:01:05