Delhi High Court - Orders
Walmart Apollo Llc vs Shah Jahan on 3 November, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 266/2022 and I.A. 17828/2022
WALMART APOLLO LLC ..... Plaintiff
Through: Mr. Sumit Wadhwa & Ms. Sharika
Vijh, Advocates. (M:9625975858)
versus
SHAH JAHAN ..... Defendant
Through: Mr. K.L.D.S. Vinober and Ms.
Garima Singh, Mr. D.D. Verma
Advocates.
(M:9327101494)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 03.11.2022
1. This hearing has been done through hybrid mode.
2. This is a suit for permanent injunction filed by the Plaintiff- Walmart Apollo LLC against the Defendant- Mr. Shah Jahan trading as 'Walmart Marine Services' seeking protection of its rights in the mark 'WALMART/ WAL-MART'. The grievance of the Plaintiff in the present suit is that the Defendant was using the name 'WALMART MARINE SERVICES' both as a trading style and as a domain name- www.walmartmarineservices.com in relation to his business of providing marine services on ships including, trading, maintenance, security, cold storage, marine lubricating oils, etc.
3. The Court had issued notice to the Defendant on 27th April, 2022.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.11.2022 16:25:36The Defendant entered appearance on 26th July, 2022 and submitted that he is willing to give up the mark and the name 'WALMART'.
4. Today, ld. Counsels for the parties submit that the parties have settled their disputes and have filed an application under Order XXIII Rule 3 CPC. As per the said agreement, the settlement terms are contained in paragraphs 6 (a) to 6 (m) of the application. The Defendant has broadly acknowledged the rights of the Plaintiff in the mark 'WALMART' and the registration thereof. It also acknowledges the well-known status of the Plaintiff's mark. The Defendant has undertaken not to use the mark 'WALMART' or the name 'WALMART MARINE SERVICES' and the domain name www.walmartmarineservices.com. The Defendant has further agreed to destroy all the material, display boards, stationery, etc. bearing the impugned marks and provide proof thereof within 90 days. Defendant has undertaken to take down the advertisements consisting of the impugned marks within 15 days. The Defendant has also undertaken to transfer the domain name to www.walmartmarineservices.com to the Plaintiff within 15 days and the email addresses incorporating Plaintiff's trade mark are also to be deleted by the Defendant within 90 days. The Defendant has paid a sum of Rs.4,00,000/- to ld. Counsel for the Plaintiff which is acknowledged.
5. The terms of settlement have been perused by the Court and the same are lawful. The application is signed by the parties as also their respective counsels and is supported by the affidavits of the parties. In Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.11.2022 16:25:36 view of the settlement agreed upon, there is no impediment in recording the same.
6. The suit is accordingly decreed in terms of paragraphs 6(a) to 6(m) of the settlement agreement. Decree sheet be drawn accordingly.
7. The suit along with pending applications, if any, are disposed of in the above terms.
8. In view of the amicable settlement arrived at between the parties, 50% court fees is directed to be refunded by the Registry to the Plaintiff through counsel.
PRATHIBA M. SINGH, J.
NOVEMBER 3, 2022 dj/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.11.2022 16:25:36