The suit was disposed of as compromised based on a settlement in connected litigation (FAO 480/2013) regarding trademark and packaging similarity, with specific clarifications on registered design shapes.
Suit declared compromised; parties to bear own costs; compromise does not affect inter se suit on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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M/S MICOLUBE INDIA LTD ..... Plaintiff
Through: Mr. Ajay Amitabh Suman, Advocates.
versus
RAKESH KUMAR AND ORS ..... Defendants Through: Mr. Manish Biala and Mr. Shobhit Agrawal, Advocates.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 15.01.2016
titled as Mr. Rakesh Kumar and Ors Vs. M/s Micolube India Limited a settlement in appeal was arrived at and para 2(i) of the settlement recorded in the order dated 3.4.2014 reads as under:-
“(i) Appellants/defendants will be entitled to use the trademark ‘MECO’ subject to the condition that the packaging and the bottles or containing of the appellants/defendants will not in any manner be deceptively similar with the packaging and bottles/containers of the respondent-plaintiff i.e the appellants will not adopt the yellow colour being used in the bottles of the respondentplaintiff, appellants-defendants will not use the shapes of the bottles being used by the respondent-plaintiff, appellants-defendants will not
use the colour red with respect to its trademark ‘MECO’. In essence, appellants-defendants will ensure that there is no deceptive similarity in packaging of the goods of the appellants-defendants and the respondent-plaintiff.”
VALMIKI J. MEHTA, J
JANUARY 15, 2016 ib
Valmikim J. Mehta
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
