DFM FOODS LTD v. ISHVI FOOD PRIVATE LIMITED & ANR.

1. The dispute between the parties stands amicably resolved vide Settlement Agreement dated 28th September 2022, executed with the intervention of the Delhi High Court Mediation and Conciliation Centre. The Settlement Agreement has been placed on record. Learned Counsel for the parties are present. The terms of settlement, as per the Settlement Agreement, read thus: “i. The Defendant Nos. 1 and 2 acknowledge the Plaintiff to be the proprietor of the trademark "CURLS" as mentioned in paragraph 12 of the Plaint. ii. The Defendant Nos. 1 and 2 acknowledge that by stocking, offering for sale, selling or otherwise dealing in products bearing the "CURLS" trademarks of the Plaintiff, the Defendants have violated the trademark rights of the Plaintiff, as also passed off their products as those originating from the Plaintiff. iii. The Defendant Nos. 1 and 2 undertake to this Hon'ble Court not to import, offer for sale or supply, sell, supply, advertise, manufacture or cause to be manufactured, or in any way deal in goods bearing the "CURLS" trademark of the Plaintiff in relation to the manufacture, sale, advertising, marketing etc. of its corn based snack product or in relation to any product or any other deceptively similar trademark, so as to result in infringement of the registered trademarks of the Plaintiff and passing off, through any means, including dealing in such products through any store/shop/outlet or through social media platforms like Facebook, WhatsApp, etc/or through ecommerce platforms. iv. The Defendant Nos. 1 and 2 further undertake to this Hon’ble Court not to do any other act amounting to passing off of the Defendants’ goods as those originating from the Plaintiff. v. The Defendant Nos. 1 and 2 also undertake to destroy all infringing goods of any description in their possession within a week from the date of recordal of this compromise on a date and time fixed mutually by both the parties and furnish proof of the same to the Plaintiff. vi. In consideration of the abovementioned undertaking by the Defendant Nos. 1 and 2, the Plaintiff foregoes its claim for delivery up, rendition of accounts, damages and costs under paragraph 43 (d)- (g) of the Plaint. vii. The undertakings given herein shall also be binding on all the legal heirs, representatives and assigns-in-business of the Defendant Nos. 1 and 2 herein. A breach of these undertakings shall automatically entitle the Plaintiff to claim for the damages prayed for in the suit.”

2. Learned Counsel for the parties agreed on behalf of their respective clients to remain bound by the terms of settlement.

3. In view thereof, nothing survives for adjudication in the present suit.

4. The suit is, therefore, decreed and in terms of prayer clauses (A) to

(C) in para 43 of the plaint read with the aforesaid Settlement Agreement dated 28th September 2022, which shall be treated as a part of this order.

5. Parties shall remain bound by the terms of settlement.

6. The Registry is directed draw up a decree sheet accordingly.

7. The plaintiff shall also be entitled to refund of the Court fee, if any, deposited by it.

C.HARI SHANKAR, J DECEMBER 12, 2022