Delhi High Court - Orders
Resinova Chemie Ltd vs Solvoweld Adhesives (India) Pvt. Ltd on 16 July, 2024
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 451/2021 & I.A. No. 11989/2021
RESINOVA CHEMIE LTD. .....Plaintiff
Through: Ms. Smita Jain, Advocate.
(M): 9818344461
Email: [email protected]
versus
SOLVOWELD ADHESIVES (INDIA) PVT. LTD. .....Defendant
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 16.07.2024
1. None appears for the defendant.
2. Learned counsel appearing for the plaintiff submits that the defendant is aware of the pendency of the present proceedings, and has still chosen not to appear.
3. Accordingly, at request of learned counsel appearing for the plaintiff, and considering the fact that a Settlement Agreement dated 01st September, 2023, is already on record, this Court proceeds to deal with the matter.
4. The present suit has been filed by the plaintiffs against the defendants seeking, inter-alia, permanent injunction restraining the infringement of its registered Trademark, Copyright, Passing off, Unfair Competition, Delivery Up, Rendition of Accounts, Damages, etc.
5. Subsequently, during the pendency of the present suit, the parties have Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:46:29 entered into a Settlement Agreement dated 01st September, 2023, which is on record before this Court.
6. This Court has perused the Settlement Agreement dated 01st September, 2023. The terms and conditions of the said Settlement Agreement are lawful.
7. As per the terms of the Settlement Agreement, the defendants have acknowledged that the plaintiff is the owner/registered proprietor of the trademark "SOLVO-BOND", "ASTRAL SOLVO-BOND" and "BOND- TITE" (device and word).
8. Further, the defendants have also acknowledged the common law and statutory rights of the plaintiff in their Trademarks/Device/Label "SOLVO- BOND" and formative marks, which have come to be exclusively associated with the plaintiff. Thus, by way of the Settlement Agreement, the defendant has undertaken that the defendant shall forthwith cease and desist from manufacturing, selling, offering for sale, importing, exporting, advertising, marketing, and/or in any manner dealing in counterfeit goods, bearing the "Solvo-Weld" and "Strong-Tite" marks in India and/or any other country. Further, the defendants have also undertaken to henceforth stop the use of their trademarks "Solvo-Weld" and "Strong-Tite" and any other mark similar to the registered marks of the plaintiff.
9. Further, in terms of the settlement, the defendant has also paid a total sum of ₹ 1,00,000/- to the plaintiff via bank transfer on 17th August, 2023.
10. Accordingly, the present suit is decreed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement dated 01st September, 2023, which shall form part of the decree.
11. The parties shall remain bound by the terms and conditions of the Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:46:29 settlement agreement dated 01st September, 2023.
12. In view of the fact that parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full Court Fees in favour of the plaintiff.
13. Decree sheet be drawn.
14. Accordingly, the suit, along with pending application, stands disposed of.
MINI PUSHKARNA, J JULY 16, 2024 c Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:46:29