Suit settled by consent wherein defendant undertakes to withdraw trademark registration application and refrain from adopting similar marks. Court recorded consent terms and disposed of suit.
Suit disposed in accordance with consent terms; Defendant to withdraw trademark registration application and not adopt similar marks.
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240-S140-15.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 140 OF 2015
WITH
NOTICE OF MOTION NO. 1757 OF 2015
Neon Laboratories Limited…Plaintiff
Versus
East West Pharma…Defendant
Mr. Virag Tulzapurkar, Senior Advocate, i/b Mr. Sunil Nair, for
the Plaintiff.
Ms. Archana Singh, for the Defendant.
CORAM:G.S. PATEL, J
DATED:27th June 2016
PC:-
1.The Suit itself is settled. Consent Terms are tendered. These
are signed by the Advocates. Both Advocates say that they have
sufficient instructions from their respective clients.
2.The Defendant submits to a decree in terms of prayer clauses
(a) and (b). In Clause (2) of the Consent Terms, the Defendant has
undertaken to withdraw the application for registration of the
impugned marks. In Clause (3), the Defendant has undertaken not
to adopt any trade mark which is similar to the Plaintiff's registered
trade mark.
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27th June 2016
240-S140-15.DOC
3.I am satisfied that the Consent Terms are not contrary to law;
that they reflect true intention of the parties and that they have been
drawn by the parties of their own volition. The Consent Terms are
taken on record and marked “X” for identification. The
undertakings in the Consent Terms are specifically accepted as
undertakings to the Court.
4. The Suit is disposed of in accordance with the Consent Terms. Refund of court fee, if any, in accordance with the Rules.
5. Drawn up decree dispensed with.
6.Notice of Motion No. 1757 of 2015 does not survive and is
disposed of as infructuous.
(G. S. PATEL, J.)
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27th June 2016
G.S. PATEL
As recorded by the court registry
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