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HIGH COURT OF DELHI
CS(COMM) 94/2023
DABUR INDIA LIMITED ..... Plaintiff
Through: Ms. Kripa Pandit and Mr. Christopher, Advs.
Through: Mr. Ravi Krishan Chandra, Mr. Harshvardhan and Mr. Shivam Prashar, Advs.
JUDGMENT
21.07.2023
1. The disputes between the parties stand settled. Settlement Agreement dated 7 July 2023, drawn up under the aegis of the Delhi High Court Mediation and Conciliation Centre has been placed on record. The terms of settlement contained therein read thus:
Hon'ble Court that they shall forthwith refrain from inter alia manufacturing or authorizing the manufacture, selling, offering for sale, marketing, exporting, importing, retailing, supplying, distributing, exhibiting, promoting, labelling, packaging, dealing in and/or using in any manner whatsoever, the impugned trade dress/ packaging/ label/ get-up (as reproduced in detail in paragraph no. 35 of the Plaint) or in any other packaging/trade dress, as may be identical, and/or deceptively similar or confusingly similar to the Plaintiffs well-known registered trade dress/ label which includes the outer packaging, label, bottle and complete trade dress either as a trade mark or part of a trade mark, or as a label/trade dress or part of a label/trade dress, as a device mark or part of a device mark, or in any other manner whatsoever, in relation to any goods or services, or in relation to any promotional marketing or advertising material or any other material used or intended to be used for labelling or packaging or for promoting any goods or services, as may amount to infringement of the Plaintiffs registered wellknown trademarks, and/or passing off of the Defendants' products and business as that of the Plaintiff and/or infringement of the Plaintiff s copyright in such packaging labels.
ANNEXURE-C. The Plaintiff has no objection to the use and/or registration of the said amended packaging/label/trade dress by the Defendants. It is hereby clarified that the Defendants shall be free to use and/or register the mark NURACUFF-AYURVEDIC MEDICINE FOR COUGH RELIEF unless such mark is used in any packaging/label/trade dress as may similar to the Plaintiffs well-known label/carton/packaging and/or.”
2. The parties are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms of settlement.
3. This Court has perused the terms and finds them to be in order.
4. As such, nothing survives for adjudication in the present suit. The suit stands decreed in the terms of the aforesaid Settlement Agreement dated 7 July 2023, by which the parties shall remain bound.
5. Let a decree-sheet be drawn up accordingly.
6. The plaintiff shall be entitled to refund of the court fee, if any, deposited by it as the settlement has taken place consequent to mediation proceedings.
7. Miscellaneous application does not survive for consideration and stands disposed of accordingly.
C.HARI SHANKAR, J JULY 21, 2023 rb