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$-15 HIGH COURT OF DELHI
FAO(OS) 425/2014, C.M. APPL.16373/2014, 6641/2015 &
11813/2015 MANMOHAN PLASTIC PVT. LTD. Appellant
Through: Sh.Kapil Wadhwa, Advocate.
FAO(OS) 425/2014, C.M. APPL.16373/2014, 6641/2015 &
11813/2015 MANMOHAN PLASTIC PVT. LTD. Appellant
Through: Sh.Kapil Wadhwa, Advocate.
VERSUS
M/S. GANPATI PLASTIC INDUSTRIES &ANR Respondents
Through: Ms.NancyRoy, Advocate.
Through: Ms.NancyRoy, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE DEEPA SHARMA
22.07.2015 It is stated that the parties have arrived at an amicable settlement. The terms of settlement are contained in paras 2(i) to
2(vii) of C.M. No.11813/2015, whichare as follows:
'2. The Appellant & the Respondents have agreed to amicably resolve the disputes in the present appeal on thefollowing terms and conditions: y
(i) The Appellant shall always use the trademark "MONICA " with the suffix GOLD and the Respondents shall always use the mark "MONIKA" or "MONIKA PREMIUM" with a prefix
GANPATI respectively for all purposes relating to manufacturing and conducting business in all kinds ofpolymer pipes and fittings including but not limited to PVC pipes, HOPEpipes etc.
(ii) The Appellant M/s. Manmohan Plastics Pvt. Ltd. has the trademark/Registered Trademark "Monica Gold" and has been using the same since 1994 and the Respondent has
2015:DHC:11882-DB trademark Ganpati Monika Premium/Ganpati Monika and hence both parties unequivocally acknowledge each other's rights in theaforementioned trademarks.
(Hi) The parties undertake to use their respective marks apportioned in 2(i) in thefollowing manner: as
(a)MONICA or MONIKA shall not be used in isolationfrom the respective suffix or prefix, i.e. "MONICA " without
"GOLD" and "MONIKA/MONIKA PREMIUM" without "GANPATI".
(b) The individual words in the apportioned marks shall be designed, displayed & used in a manner wherein all the words are ofthe same size,font andcolor.
(c) There would be no focus/special emphasis on the word
MONIKA/MONICA by the respectiveparties.
(d) The words "GANPATI" and "MONIKA "or "MONICA " &
GOLD shall be displayedon the goods in alinearform.
GANPATI MONICA
MONIKA GOLD
(unacceptable display)
(e)Parties agree to change the product, packaging, advertisements, holograms, invoices and any other office stationary to reflect the agreement herein within 90 days.
(f) Parties agree to exhaust their existingstockofPVCpipes as per the Excise Stock Register within 45 daysfrom 2July fj,/'% T "ndrest ofthestocks as
Julv 7 (fur / ^"hin 90 days. That after 20 July 2015 the Respondents shall not use/manufacture any with the brand name ofMonfa
(g) The parties shall not use each other's trademarks or trade dress.
(iv) The parties undertake that the apportioned marks under 2(i) shall not be assigned to any thirdparty without giving aRight to FirstRefusal (ROFR) to the otherparty herein.
(v) The Respondents agree to withdraw all its trademark and copyright applicationspending before the respective Registry's with respect to the marks "MONICA"MONICA
PREMIUM", "MONICA GOLD", "MONIKa' PREMIUM", "MONIKA" within 15 days from the date of the settlement beingsubmittedbefore theHon'ble Court.
(vi) In the event the Respondents use the marks GANPATIMONIKA
Ji or GANPATI MONIKA PREMIUM through MONIKA TELECOM PIPESPVT. LTD. or MONIKA PLASTICS PIPES
PVT. LTD. the respondents shallfirst change the name ofthe respective companies to GANPATI MONIKA TELECOM
PIPES PVT. LTD. or GANPATI MONIKA PLASTICS PIPES
PVT. LTD. respectively.
(vii) In the event the Respondents use the marks GANPATIMONIKA or GANPATI MONIKA PREMIUM through any other entity having the wordMONICA in the entity's name, the respondents shallfirst ensure that GANPATI is used as aprefix to the word
MONICA for eg. GANPATI MONIKA xxxx PVT. LTD. or xxxxxx GANPATI MONIKA PVT. LTD. or GANPATI MONIKA
PVT. LTD." The application is supported by affidavit on behalf of the appellant/company of its Director and the affidavit of the second respondent who is the sole proprietor of the first respondent. The appellant s Director - Ms. Mona Jain has been duly authorised to settle the disputes on behalfofthe appellant and present this petition by virtue ofBoard Resolution dated 10.07.2015.
It IS apparent that the parties have entered into avoluntary settlement which resolves all disputes, including the subject matter of the present appeal. Having regard to the same, it is hereby directed that the appeal be disposed offin terms ofthe compromise, i.e. paras
2(i) to 2(vii) extracted above.
The pending suit, i.e. CS(OS) 1528/2013 is accordingly decreed in the above terms.
JULY 22, 2015 ajk S. RAVINDRA BHAT,J DEEPA SHARMA, J
HON'BLE MS. JUSTICE DEEPA SHARMA
22.07.2015 It is stated that the parties have arrived at an amicable settlement. The terms of settlement are contained in paras 2(i) to
2(vii) of C.M. No.11813/2015, whichare as follows:
'2. The Appellant & the Respondents have agreed to amicably resolve the disputes in the present appeal on thefollowing terms and conditions: y
(i) The Appellant shall always use the trademark "MONICA " with the suffix GOLD and the Respondents shall always use the mark "MONIKA" or "MONIKA PREMIUM" with a prefix
GANPATI respectively for all purposes relating to manufacturing and conducting business in all kinds ofpolymer pipes and fittings including but not limited to PVC pipes, HOPEpipes etc.
(ii) The Appellant M/s. Manmohan Plastics Pvt. Ltd. has the trademark/Registered Trademark "Monica Gold" and has been using the same since 1994 and the Respondent has
2015:DHC:11882-DB trademark Ganpati Monika Premium/Ganpati Monika and hence both parties unequivocally acknowledge each other's rights in theaforementioned trademarks.
(Hi) The parties undertake to use their respective marks apportioned in 2(i) in thefollowing manner: as
(a)MONICA or MONIKA shall not be used in isolationfrom the respective suffix or prefix, i.e. "MONICA " without
"GOLD" and "MONIKA/MONIKA PREMIUM" without "GANPATI".
(b) The individual words in the apportioned marks shall be designed, displayed & used in a manner wherein all the words are ofthe same size,font andcolor.
(c) There would be no focus/special emphasis on the word
MONIKA/MONICA by the respectiveparties.
(d) The words "GANPATI" and "MONIKA "or "MONICA " &
GOLD shall be displayedon the goods in alinearform.
GANPATI MONICA
MONIKA GOLD
(unacceptable display)
(e)Parties agree to change the product, packaging, advertisements, holograms, invoices and any other office stationary to reflect the agreement herein within 90 days.
(f) Parties agree to exhaust their existingstockofPVCpipes as per the Excise Stock Register within 45 daysfrom 2July fj,/'% T "ndrest ofthestocks as
Julv 7 (fur / ^"hin 90 days. That after 20 July 2015 the Respondents shall not use/manufacture any with the brand name ofMonfa
(g) The parties shall not use each other's trademarks or trade dress.
(iv) The parties undertake that the apportioned marks under 2(i) shall not be assigned to any thirdparty without giving aRight to FirstRefusal (ROFR) to the otherparty herein.
(v) The Respondents agree to withdraw all its trademark and copyright applicationspending before the respective Registry's with respect to the marks "MONICA"MONICA
PREMIUM", "MONICA GOLD", "MONIKa' PREMIUM", "MONIKA" within 15 days from the date of the settlement beingsubmittedbefore theHon'ble Court.
(vi) In the event the Respondents use the marks GANPATIMONIKA
Ji or GANPATI MONIKA PREMIUM through MONIKA TELECOM PIPESPVT. LTD. or MONIKA PLASTICS PIPES
PVT. LTD. the respondents shallfirst change the name ofthe respective companies to GANPATI MONIKA TELECOM
PIPES PVT. LTD. or GANPATI MONIKA PLASTICS PIPES
PVT. LTD. respectively.
(vii) In the event the Respondents use the marks GANPATIMONIKA or GANPATI MONIKA PREMIUM through any other entity having the wordMONICA in the entity's name, the respondents shallfirst ensure that GANPATI is used as aprefix to the word
MONICA for eg. GANPATI MONIKA xxxx PVT. LTD. or xxxxxx GANPATI MONIKA PVT. LTD. or GANPATI MONIKA
PVT. LTD." The application is supported by affidavit on behalf of the appellant/company of its Director and the affidavit of the second respondent who is the sole proprietor of the first respondent. The appellant s Director - Ms. Mona Jain has been duly authorised to settle the disputes on behalfofthe appellant and present this petition by virtue ofBoard Resolution dated 10.07.2015.
It IS apparent that the parties have entered into avoluntary settlement which resolves all disputes, including the subject matter of the present appeal. Having regard to the same, it is hereby directed that the appeal be disposed offin terms ofthe compromise, i.e. paras
2(i) to 2(vii) extracted above.
The pending suit, i.e. CS(OS) 1528/2013 is accordingly decreed in the above terms.
JULY 22, 2015 ajk S. RAVINDRA BHAT,J DEEPA SHARMA, J
JUDGMENT