Sirona Hygiene Private Limited v. Parulben Navnath Chothani Trading as Shiv Enterprise & Ors.

“2. The Plaintiff and the Defendant No. 11 have now entered

into a settlement which is the subject matter of the above suit

on the following terms & conditions:

i. That the Defendant no. 11 acknowledge the Plaintiff to be the owner of the following registered Trademark: Trade Mark TM No. User detail Class 4337628 04.11.2019 10

PAD FREE PERIODS 5065354 24.08.2017 10 #padfreeperiods 5070466 24.08.2017 10 SIRONA 3683557 21.11.2017 03 4576447 20.07.2020 03 ii. That the Defendant No.11 acknowledges the Plaintiff to be the owner of the Copyright in the following product packaging (“SIRONA MENSTRUAL CUP”): (hereinafter collectively referred to as Plaintiff’s trademarks & Copyright”) iii. That the Defendant No. 11 undertakes that it will not directly or indirectly use the Plaintiff’s Trade marks & Copyright in any manner whatsoever or any other deceptively similar trademark including but not limited to SIROMA, SIROMAA and SIMORA; directly or indirectly, offer to sell, offer for sale, or market or advertise, by itself, its agents, licensees, affiliates, distributors, associates, including through any internet based e-commerce platform or any third party, including the ones hosted by Snapdeal Ltd., Fashnear Technologies Pvt. Ltd., Amazon Seller Services Private Limited and (Defendants No. 2, 3 and 4 respectively), any product that might infringe the intellectual property rights of the Plaintiff’s SIRONA Trademark & Copyright. iv. That the Defendant No. 11 will not use Plaintiff’s Trade Marks and Copyrights on any products, board, hoarding, invoices, pamphlet, promotional, marketing or promotional materials. v. That the Defendant No. 11 undertakes that it will not challenge those rights of the Plaintiff in its Trade Marks & Copyright in any manner whatsoever. vi. The Defendant No. 11 undertakes not to manufacture/produce/sell/offer to sell directly or indirectly any infringing products including the product forming the subject matter of this suit before the Hon’ble Court. With regard to the products manufactured and/or in stock with the Defendant No. 11 prior to institution of the suit, the Defendant No. 11 undertakes to destroy all products that are violating Plaintiff’s Trade Mark & Copyright that are already manufactured and in stock with the Defendant no. 11. vii. That the Defendant No. 11 undertakes not to file any application for registration of a Trademark which is identical/deceptively similar to the Plaintiff’s Trademarks & Copyrights. viii. That the Defendant No. 11 has paid sum of Rs. 20,000/- to the Plaintiff as damages vide Demand draft having number 722399. ix. The Parties agree that the signatories to the present settlement are fully competent and authorized to enter into the present Application. ix The Parties agree that all the terms and conditions laid out in the present Application are fair and reasonable and have been entered into after full appreciation of its various clauses and implications. x. The Defendant No. 11 hereby agrees before this Hon’ble Court that the present terms and compromise shall be binding on all their principal officers, directors, agents, servants, successors, and assigns in business interest and title and all other acting for and on their behalf, for all times to come. xi. The Parties agree that all their disputes have been resolved by virtue of this Application and the Plaintiff would not institute or press whatsoever further remedies available to it for Infringement of Plaintiff’s Trade Marks & Copyrights with respect to this subject matter.”