Shabeer Ahmad Bhat v. Sushil Kumar Pathak

Delhi High Court · 04 Sep 2023 · 2023:DHC:7926
C. Hari Shankar
C.O. (COMM.IPD-TM) 453/2022
2023:DHC:7926
intellectual_property petition_allowed

AI Summary

The Delhi High Court disposed of the trademark dispute petition as the parties settled amicably through a binding Memorandum of Understanding assigning trademarks to Globiotech International.

Full Text
Translation output
C.O. (COMM.IPD-TM) 453/2022 HIGH COURT OF DELHI
C.O. (COMM.IPD-TM) 453/2022 SHABEER AHMAD BHAT ..... Petitioner
Through: Mr. Amique Khalid, Ms. Ishita Mangla and Mr. Mohd. Affan, Advs.
VERSUS
SUSHIL KUMAR PATHAK ..... Respondent
Through: Ms. Vaishali Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
31.10.2023
I.A. 20948/2023 & C.O. (COMM.IPD-TM) 453/2022
JUDGMENT

1. The dispute between the parties stands settled vide Memorandum of Understanding (MoU) dated 4 September 2023.

2. The designation of the parties in the MoU is as under: Name Party No. Shabeer Ahmad Bhat 1 Mrs. Shameema Bano 2 Mr. Asif Ali Mirza 3 Mr. Altaf Hussain Gado 4 Ms. Shaheena Akhtar 5 Mrs. Rama Rani Pathak, Mr. Shubham Pathak and Mr. Rishabh Pathak (all legal heirs of late Dr. Sushil Kumar Pathak). Mrs. Rama Rani Pathak 7 Ms. Neha Sharma 8 C.O. (COMM.IPD-TM) 453/2022 Ms. Shweta Sharma 9 Mr. Ramesh Kumar Sharma 10 Mr. Sanjay Chaudhary 11 Mr. Rishabh Pathak 12 Mr. Shubham Pathak 13 Mr. Umesh Gaur 14

3. Clause 4 (e) of the MoU records the undertaking of parties 6 to 14 to assign the trademarks which had been registered in the name of Sushil Kumar Pathak, the husband of Party No. 7, in favour of Globiotech International by 31 December 2023, on payment being made by parties 1 to 5 in terms of the MoU.

4. Learned Counsel for the parties are represented and they undertake on behalf of the respective clients to remain bound by the aforesaid MoU and the terms contained therein.

5. As such, the dispute in the present petition does not survive for consideration.

6. The petition is disposed of in terms of the aforesaid MoU particularly para 4(e) thereof, by which the parties shall remain bound.

C. HARI SHANKAR, J.