The High Court of Delhi allowed an application by the Plaintiff to withdraw the suit due to a lawful settlement between the parties, leading to the dismissal of the suit as withdrawn.
The suit is dismissed as withdrawn following a settlement between the parties.
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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BRITANNIA INDUSTRIES LIMITED ..... Plaintiff Through : Ms Simran Brar, Mr Varun Kumar, and Ms Deveshi Mishra, Advs.
versus
CADBURY INDIA LIMITED & ANR ..... Defendants Through : Ms Kripa Pandit, Adv
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 20.07.2016
IA No.8381/2016
“(i) The Defendant undertakes to discontinue the use of the mark 'TREAT O' or any other mark deceptively and confusingly similar to the registered trademark OREO of the Plaintiff in any manner whatsoever and shall never use the same in future. (ii) The Defendant undertakes that the Defendant shall not use any packaging for its products identical or deceptively similar to that of the Plaintiffs OREO cookie packing.
(iii) The Defendant undertakes that the Defendant shall not use any cookie design along with identical or deceptively similar etchings to the Plaintiff s registered OREO cookie trade dress as elaborated in paragraph No. 7 of the amended Plaint. (iv) The Defendant undertakes that the Defendant shall not use the slogan "KID'S FAVOURITE COOKIE'' or any other slogan which is deceptively and confusingly similar to the Plaintiff’s registered trademark "MILK’S FAVORITE COOKIE" for cookies biscuits or crackers that may be similar to the OREO products. (v) The Defendant undertakes to withdraw the suit filed against the Plaintiff titled, 'Britannia Industries Limited V. Cadbury India Limited &Anr" bearing CS (OS) No.1727 of 2011 within 15 days of signing of the present application.”
VIBHU BAKHRU, J
JULY 20, 2016 /M
2 issues framed by the court
Whether the application for withdrawal of the suit should be allowed based on the settlement between the parties.
Whether the settlement terms recorded in the application are lawful and binding.
Colour shows how this judgement treated each authority
Kraft Food Global Brands LLC vs. BritanniaReferred¶1
Kraft Food Global Brands LLC vs. Britannia
1 provisions across 1 enactments
Britannia Industries Limited
Cadbury India Limited
Kraft Food Global Brands LLC
Vibhu Bakhu
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
