Dabur India Ltd v. The Registrar of Trade Marks Trade Marks Registry & Anr.

1. The disputes in these cases stand settled with the intervention of Delhi High Court Mediation and Conciliation Centre. O R D E R (O R A L) % 12.04.2023

2. Settlement agreement dated 14th March 2023 is on record.

3. The terms of settlement read thus: “a) That the First Party agrees not to challenge the use of the Second Party’s Dabur Baby Super Pants label bearing Trademark Application No. 4906240 and getup/design. The Second Party’s Trade Marks and get up/design are annexed hereto as Annexure D. b) That the Second Party shall withdraw the four rectification petitions being C.O.(COMM.IPD-TM) 734/2022, C.O.(COMM.IPD-TM) 738/2022, C.O.(COMM.IPD-TM) 739/2022 and C.O. (COMM.IPD-TM) 744/2022; c) That the Second Party acknowledges the ownership and use of the First Party's Trade Marks by the First Party and agrees not to challenge (itself or through its associates and third-parties) the First Party's use of the First Party's Trade Marks already attached as Annexure C- or any other trademark which the First Party uses or is the proprietor of in future only on the ground that it contains the word 'Super'; d) That the parties agree that they shall not file trade mark oppositions/cancellations or any other like proceedings against each other in respect of trade marks bearing the term 'SUPER' anywhere in the world including in India in the future except where either of the party claims exclusivity over the term 'SUPER'. e) That the Parties agree that nothing in this Agreement shall preclude the Parties from proceeding against any third parties that may be seen to infringe/ pass off the trademarks of the Parties. f) That the Parties agree that nothing in this Agreement shall preclude either Party from filing Trademark Applications in classes 3, 5, 29, 30, and 32 (as per the Fourth Schedule to Trade Marks Rules, 2002) containing the word 'SUPER' without claiming exclusivity on the word SUPER per se. For the other classes enumerated in the Fourth Schedule to Trade Marks Rules, 2002, nothing in this Agreement shall preclude either Party from filing Trademark Applications containing the word 'SUPER'. g) That the First Party shall withdraw the Suit CS (COMM) No. 18 of 2022 pending adjudication before the Hon'ble High Court of Delhi; h) In view of the above settlement terms arrived between the parties, the First Party does not wish to press for its claim of costs, damages, rendition of accounts and delivery up against the Second Party. Similarly, the Second Party shall not press for costs against the First Party. i) The abovementioned settlement terms shall be binding on both the Parties and their respective directors, agents, exclusive distributors, legal heirs, associates, sister concerns, anyone claiming through the Second Party's servants, franchisee, assigns in business, stockiest and successor-in-interest, for all times to come. j) That this Hon'ble Court may be pleased to dispose of suit no CS (Comm) No 18 of 2022 as well as rectification Nos. C.O.(COMM.IPD-TM) 734/2022, C.O.(COMM.IPD-TM) 738/2022, C.O.(COMM.IPD-TM) 739/2022 and C.O. (COMM.IPD-TM) 744/2022 as withdrawn, in view of the present settlement agreement. k) That the Parties undertake to the Hon'ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.”

4. The Court has perused the terms of settlement and find them to be lawful.

5. Learned Counsel for the parties are present. Ms. Kaur for M/s South Healthcare in CS (Comm) 18/2022 is also present in person.

6. Counsel and the parties undertake to remain bound by the aforesaid terms of settlement.

7. As such, nothing survives for adjudication in these cases.

8. C.O. (COMM.IPD-TM) 734, 738, 739 & 744/2022 stand disposed of in terms of the aforesaid settlement.

9. CS (Comm) 18/2022 also stands decreed in terms of the aforesaid settlement, by which the parties shall remain bound.

10. Let the Registry draw up a decree sheet accordingly.

11. The plaintiff in CS (Comm) 18/2022 would be entitled to refund of Court fees, if any, deposited by it and the plaintiff in C.O. (COMM.IPD-TM) 734, 738, 739 & 744/2022 shall be entitled to refund of Court fees, if any, deposited by it.

C.HARI SHANKAR, J APRIL 12, 2023