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HIGH COURT OF DELHI
FAO(OS) (COMM) 22/2023
SHAMROCK GEOSCIENCE LTD & ANR. ..... Appellants
Through: Mr.Sagar Chanrda, Advocate with Ms.Srijan Uppal, Ms.Mehek Dua and
Mr.KPS Virk, Advocates.
Through: Mr.Chander M. Lall, Sr.Advocate with Mr.Kapil Wadhwa, Ms.Tejasvini
Puri and Ms.Ananya Chugh, Advocates.
SHAMROCK GEOSCIENCE LTD & ANR. ..... Appellants
Through: Mr.Sagar Chanrda, Advocate with Ms.Srijan Uppal, Ms.Mehek Due and
Mr.KPS Virk, Advocates.
Through: Mr.Chander Lall, Sr.Advocate with Mr.Kapil Wadhwa, Ms.Tejasvini Puri and Ms.Ananya Chugh, Advocates.
Date of Decision: 01st February, 2023
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
CAVEAT No.69/2023 in FAO(OS)(COMM) 23/2023 Since appearance has been entered upon on behalf of the respondents, the caveat stands discharged.
1. After some arguments, learned counsel for the appellants (Shamrock GeoScience Ltd./Mr. Andreas Korytowski) states that pursuant to the interim order dated 06th October, 2022, the appellants have changed the trademark of their product from ‘GeoCrete’ to ‘Alpave’.
2. He further states that the appellants shall withdraw their Trademark Registration for the mark ‘GeoCrete’ bearing TM No.3392787 for goods falling under Class-1 and withdraw all pending applications for the brand ‘GeoCrete’ including but not limited to TM 5025563, 5025564 and 5025565 before the Trademarks Registry within a period of four weeks.
3. He also states that the appellants shall neither apply for registration of the mark ‘GeoCrete’ and/or claim any rights in the said Trademark nor shall the appellants oppose any trademark applications for the brand ‘GeoCrete’ filed by the respondents before the Trademarks Registry.
4. Learned senior counsel for the respondents (Timab NL B.V./Kaba Infratech Pvt. Ltd.) states that the respondents have no objection to the aforesaid statements and assurances being accepted by this Court.
5. The aforesaid statements, assurances and undertakings given by learned counsel for the parties are accepted by this Court and the parties are held bound by the same.
6. During the course of hearing, both the parties raised an issue qua technical know-how/technology of the products sold under the mark ‘GeoCrete’. However, as this is a pure trademark dispute, this Court is not commenting on the claims and counter-claims of both parties with respect to the technical know-how/technology of the product and/or its approval. The parties are free to take their remedies with respect to the said issue in an appropriate proceeding as they deem fit and appropriate. The rights and contentions of all the parties in this regard are left open.
7. Accordingly, with consent of the parties, the present appeals as well as the suits and all pending applications in CS(COMM) No.324/2021 and 308/2021 pending before the learned Single Judge are disposed of in terms of the aforesaid statements. As a token of acceptance of order passed today, learned counsel for the parties shall sign the order sheet.
8. Registry is directed to prepare decree sheets accordingly. MANMOHAN, J SAURABH BANERJEE, J FEBRUARY 1, 2023