Birla Institute of Technology and Science, Pilani v. Maa Bhagwati Educational Society & Anr.

Delhi High Court · 28 Mar 2023 · 2023:DHC:2238

C. Hari Shankar

CS(COMM) 96/2023

2023:DHC:2238

civil appeal_allowed

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The Delhi High Court decreed a trademark infringement suit based on a settlement where the defendants acknowledged the plaintiff's exclusive rights and agreed to cease use of infringing marks and domain names.

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Neutral Citation Number : 2023:DHC:2238

CS(COMM) 96/2023
HIGH COURT OF DELHI
CS(COMM) 96/2023 & I.A. 3484/2023, I.A. 5992/2023
BIRLA INSTITUTE OF TECHNOLOGY AND SCIENCE, PILANI ..... Plaintiff
Through: Mr. Ankit Sahni and Ms. Kritika Sahni, Advs.

VERSUS

MAA BHAGWATI EDUCATIONAL SOCIETY & ANR. ..... Defendants
Through: Mr. Sushant Singh, Ms. Geetika Kapur and Mr. Sourav Pattanaik, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL)
28.03.2023

I.A. 5992/2023 (under Order XXIII Rule 3 of the CPC)

JUDGMENT

1. The dispute between the parties stands amicably resolved.

2. I.A. 5992/2023 has been jointly filed by the parties, seeking decreeing of the suit in terms of the settlement arrived at between them.

3. The terms of settlement may be reproduced thus:

“3. That the Plaintiff and the Defendants have arrived at a

settlement under the terms and conditions mentioned hereinunder

(a) That the Defendants acknowledge the sole and exclusive statutory and common law rights of the Plaintiff in its trademark 'BITS'/ 'BITS PILANI' and other „BITS' formative trademarks of the Plaintiff, and undertake that they shall (collectively and/or severally) never offer any services/goods and/or advertise (print and/or electronic) under, adopt and/or use in any manner whatsoever, the impugned marks 'BITS

GHAZIABAD'/ 'BITS'/ 'BITS PILANI' and/or other 'BITS' -formative trademarks of the Plaintiff and/or any other trademark identical and/or deceptively similar to the Plaintiff's trademarks; (b) That the Defendants agree and undertake that the Defendants, their trustees, directors, officers, agents, associates and all other acting for and on their behalf shall not represent in any manner whatsoever that they (severally and/or collectively) are connected/associated with the Plaintiff;

Defendants, their trustees, directors, officers, agents, associates and all other acting for and on their behalf shall not use the domain name "https://www.bits.ac.in/and permanently transfer the same to the Plaintiff, and shall further not use any other domain name/ social media account/profile usernames, etc., which contain Plaintiff's trademark ·BITS/BITS PILANI' and/ or other BITS' formative trademarks of the Plaintiff and/or any other domain name deceptively similar thereto;

(d) That the Defendants agree and undertake that the

Defendants shall deliver to the Plaintiff for destruction and/or permanently destroy all the brochures, pamphlets, stationery, advertisement material, blocks or dies, packing materials, cartons, folders, stamps, containers, display boards, banners, uniforms, belts and any other documents or infringing material bearing /incorporating the impugned trademarks 'BITS GHAZIABAD'/, or any other trademark(s) deceptively similar to and/or ' incorporating BITS'/ BITS PILANI and/or other „BITS' formative trademarks of the Plaintiff; (e) That subject to the above mentioned, the Plaintiff has no objection to the Defendants using their complete name/trademark "Bhagwati Institute of Technology & Science".”

4. The parties are represented by their Counsel who, on behalf of their respective clients, undertake to remain bound by the terms of settlement.

5. Accordingly, nothing survives for adjudication in the present suit.

6. The suit is, accordingly, decreed in terms of the aforesaid settlement arrived at between them by which they shall remain bound.

7. Let a decree sheet be drawn up accordingly.

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8. The plaintiff shall be entitled to refund the court fees, if any, deposited by it.

9. Miscellaneous pending applications, if any, also stand disposed of.

10. The next date already fixed before the learned Joint Registrar (Judicial), i.e. 24th April 2023 stands cancelled.

C. HARI SHANKAR, J.

MARCH 28, 2023

Birla Institute of Technology and Science, Pilani v. Maa Bhagwati Educational Society & Anr.

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