CABLE NEWS NETWORK INC v. NISHA SHARMA AND ANR

Delhi High Court · 28 Apr 2015 · 2015:DHC:3819
Hima Kohli
CS(OS) 785/2013
2015:DHC:3819
civil settled

AI Summary

The Delhi High Court disposed of a trademark infringement suit by decreeing it in terms of a voluntary settlement agreement wherein the defendants acknowledged the plaintiff's trademark rights and agreed to cease infringing use.

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CS(OS) 785/2013
HIGH COURT OF DELHI
CS(OS) 785/2013 and I.A. 6907/2013, 23701/2014
CABLE NEWS NETWOK INC ..... Plaintiff
Through: Mr. Subhash Bhutoria, Advocate with Mr. Anuj Nair, Advocate
VERSUS
NISHA SHARMA AND ANR ..... Defendants
Through: Defendants in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 28.04.2015
JUDGMENT

1. Pursuant to the order dated 24.04.2015, the defendants No.1 and 2 are present.

2. Counsel for the plaintiff and the defendants No.1 and 2 state that during the pendency of the present suit, upon being referred to mediation, they have been able to arrive at a settlement, as recorded in the Settlement Agreement dated 23.03.2015, whereunder the terms and conditions of the settlement have been specifically laid down in para 6.

3. Counsel for the plaintiff and the defendants No.1 and 2 state that the defendants acknowledge the plaintiff to be the proprietor of the trademark, “CNN” and other CNN formative trademarks and have undertaken not to use “CNN” or “CNN-Crimes News Network” as word 2015:DHC:3819 CS(OS) 785/2013 mark or in label form or any other mark as mentioned and recorded in the Settlement Agreement. The other terms and conditions of the settlement have also been set out in the Settlement Agreement.

4. Both the parties state that in view of the comprehensive settlement arrived at between the parties, the suit be decreed in terms of the Settlement Agreement.

5. The Court has perused the Settlement Agreement. The same has been signed by the counsel for the plaintiff and the defendant No.2 for self and on behalf of the defendant No.1 as also the learned Mediator. The defendants No.1 and 2 are present and confirm having entered into a settlement with the plaintiff of their own free will and volition. The parties shall remain bound by the terms and conditions of the settlement.

5. The suit is decreed in terms of the settlement arrived at and recorded in the Settlement Agreement, while leaving the parties to bear their own expenses.

6. The suit is disposed of alongwith the pending applications. HIMA KOHLI, J APRIL 28, 2015 rkb