In a trademark infringement suit, the defendant settled with the plaintiff before the High Court Mediation Centre. The court granted a decree incorporating the settlement terms and ordered the return of court fees.
Passing of a decree in terms of the settlement agreement and return of court fees.
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$~12
versus
MAKE MY TRAVEL & ANR. ..... Defendant Represented by: Mr. Dhrubajit Saikia, Adv. for D-1.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 19.02.2020
(word per se) and MAKEMYTRAVEL LOGO i.e.
or any other mark/ logo or device, which is identical or deceptively similar to the plaintiff’s marks MakeMyTrip as also restraining them from passing off the goods and services of defendant No.1 as that of the plaintiff and transfer of the domain name makemytravel.co.in in favour of the plaintiff.
CS(COMM) 431/2019 Page 1 of 4
domain name in favour of the defendant No.1. Thus, the only relief sought against defendant No.2 is transfer of domain name of defendant No.1 in favour of the plaintiff in terms of prayer (c).
“I. It is agreed and settled that Defendant No.1 will suffer a decree in terms of prayer a) and prayer b) as referred to in Paragraph 62 of the Plaint, which are reproduced below:
LOGO i.e. or any other trade mark/logo which is identical to or deceptively similar to and/or includes the Plaintiff’s well known MakeMyTrip Marks amounting to infringement of the Plaintiff’s registered trademarks.
CS(COMM) 431/2019 Page 2 of 4
LOGO i.e. or any other trade mark/logo which is identical to or deceptively similar to and/or includes the Plaintiff’s well known MakeMyTrip Marks amounting to passing off and unfair competition.
The Color rendition of the Logo is reproduced in the ANNEXURE – C.
CS(COMM) 431/2019 Page 3 of 4
Shri Jatin Sabharwal, the authorised representatives of plaintiff No.1 and defendant No.1 respectively, authorizations in whose favour are annexed as Annexure A and Annexure B to the settlement agreement.
I.A. 11094/2019 (u/O XXXIX R 1&2 CPC), I.A. 1656/2020 (delay in filing replication)
Applications are disposed of as infructuous.
MUKTA GUPTA, J.
FEBRUARY 19, 2020 ‘ga’
CS(COMM) 431/2019 Page 4 of 4
1 provisions across 1 enactments
Make My Travel
GoDaddy.com LLC
Mukta Gupta
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
