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% 29.07.2022

1. The present suit has been filed by the Plaintiff - Walmart Apollo LLC, seeking permanent injunction restraining infringement of trademark, copyright, passing off, rendition of accounts etc., against the Defendants, in respect of its trademarks 'WALMART'/'WAL-MART'. Rights to the marks 'WALMART'/'WAL-MART' were assigned to the Plaintiff by virtue of a Deed of Assignment dated 31st January, 2018, between the Plaintiff and Wal-Mart Stores Inc. The Plaintiff operates in more than approximately 10,500 stores in over 20 countries. The stores of the Plaintiff prominently display the mark , which was adopted in the year 2006.

2. The grievance of the Plaintiff is that the Defendants filed for registrations of the mark 'WMART'/ 'WM MART' under application nos. 4411997 and 4411998, in classes 25 and 35 respectively, for hosiery, uniforms, under-garments etc. The Defendants had also been advertising products under the Plaintiff's mark, and other identical or deceptively/confusingly similar marks on their website www.wmartretail.com, as well as in being engaged in the business of brick- and-mortar stores. Hence the present suit was filed seeking protection of rights in WALMART.

21. In view of above, till the next date of hearing, the defendants, their successors, servants, agents, licensees, franchisees, representatives, sister concerns, assignees and any one acting for and/or on their behalf from using the trademarks WMART and/or any other mark deceptively similar/identical to the Plaintiff's trademarks WAL-MART / WALMART ' as a trademark/trade name/trading style/domain name with respect to their goods and/or services or in any manner whatsoever, which would amount to infringement of the registered trade mark of the Plaintiff and passing off the goods/services of the defendants as the goods/services of the plaintiff;"

5. The Defendants have broadly acknowledged the Plaintiff's rights in the mark 'WALMART'/'WAL-MART'. The materials, stationary matters, visiting cards, packaging material, etc., bearing the impugned mark, shall be destroyed by the Defendants, and proof of the same shall be provided to the Counsel for the Plaintiff. The Defendants have agreed to change their name to 'WM BAZAAR', 'CITYKART', or any other mark which is not identical or confusingly/deceptively similar to the mark 'WALMART'/'WAL- MART'. To that effect, the Defendants have agreed to give up the mark 'WMART'. The Defendants have also undertaken to seek withdrawal of all the infringing trademark applications, including those bearing nos. 5054688 and 5054687. If there is any violation of the settlement terms set out in the Settlement Application, the Defendants have agreed to pay the monetary compensation of Rs.50,00,000/-, to the Petitioner.