Disposed

SD-3C, Llc 1209 Orange Street Wilmington De 19801 Usa v. Jainco Capacitors of 313/83A , 1ST Floor , Tulsi Nagar , Inderlok, New DELHI-35

Delhi HC20 Dec 2024C.O. (COMM.IPD-TM)/237/2022

Case brief

AI extract

What is this about?

This order adjudicates an application for withdrawal and disposal of a trademark rectification petition based on a compromise deed. The court noted an amicable settlement where parties acknowledged mutual rights and agreed to withdraw pending proceedings. Recorded no dated

What did the court decide?

The present rectification petition was disposed of along with pending applications in terms of the settlement between the parties. Parties held bound by the terms of the settlement.

SD-3C, Llc 1209 Orange Street Wilmington De 19801 Usa Vs… — Intellectual Property | Delhi HC (2024)

¶1

$~3

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

C.O. (COMM.IPD-TM) 237/2022 & I . A. 49246/2024

¶4

SD-3C, LLC 1209 ORANGE STREET WILMINGTON DE 19801

¶5

USA

¶6

.....Petitioner

¶7

Through: Mr. Devesh Ratan, Advocate Mob: 9650271872

¶8

versus

¶9

JAINCO CAPACITORS OF 313/83A , 1ST FLOOR , TULSI NAGAR , INDERLOK, NEW DELHI-35 .....Respondent Through: Mr. S. Nithin, Advocate for R-1. Mob: 9958030324 Mr. Mukul Singh, CGSC with Ms. Ira Singh and Mr. Aryan Dhaka, Advocates for R-2. Mob: 9971359512

¶10

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶11

O R D E R % 20.12.2024

¶12

I.A. 49246/2024 (Application under Order XXIII Rule 3)

¶13

The present application has been filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) on behalf of the petitioner and respondent no. 1.

¶14

Learned counsel appearing for the parties submit that the petitioner and respondent no. 1 have entered into an amicable settlement, terms of which are reproduced as under:

¶15

This is a digitally signed order.

¶16

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:54:15

¶17

“xxx xxx xxx

¶18

a. That the Petitioner is the proprietor of the marks-

¶19

hereinafter referred to as ‘family of SD Trademarks.

¶20

b. That Respondent No. I acknowledges and accepts that the Petitioner is the absolute and sole owner of the family of SD Trademarks and acknowledges the Petitioner's superior and earlier trademark rights in the family of SD Trademarks.

¶21

c. That the Petitioner acknowledges that Respondent No. 1 has registered the trademark under registration no. 652401 for the mark

¶22

in class 09 for the goods “ELECTRIC CAPACITORS’ and acknowledges the Respondent No. 1’s rights in the same.

¶23

d. That Respondent No. 1 herein undertakes not to object to, oppose, or otherwise interfere with the use and registration of the family of SD Trademarks by the Petitioner or its licensees.

¶24

e. That Respondent No. 1 herein undertakes not to use / register/apply any mark that is confusingly similar to the Petitioner's family of SD Trademarks.

¶25

f. That Respondent No. 1 herein undertakes to withdraw the opposition no. DEL-855285 against the Petitioner's mark within 15 days of the signing of the present compromise deed and thereafter provide a copy of the said withdrawal request to the Petitioner.

¶26

g. That the Petitioner herein undertakes not to object to, oppose, or otherwise interfere with the use and registration of the Respondent No. 1's mark for the goods listed in the specification of the registration no. 652401.

¶27

h. That the Petitioner herein undertakes to withdraw the rectification petition numbered as C.O. (COMM.IPD-TM) 237 of 2022 seeking the removal and/or rectification of the Respondent No. 1's mark.

¶28

i. This agreement is applicable to the territory of India alone.

¶29

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:54:15

¶30

Execution of this agreement by the Petitioner does not amount to concession or waiver of its rights by the Petitioner in respect of their family of SD Trademarks in any manner whatsoever in any other jurisdiction.

¶31

xxx xxx xxx”

¶32

Learned counsels appearing for the petitioner and respondent no. 1 submit that they have no other claims against each other and submit that the present rectification petition be disposed of, in terms of the present settlement.

¶33

Learned counsel appearing for respondent no. 2 submits that he has no objection if the suit is disposed of, in terms of the settlement between the petitioner and respondent no. 1.

¶34

Parties are held bound by the terms of the settlement.

¶35

Accordingly, noting the aforesaid settlement between the parties, the

¶36

present petition is disposed of, along with the pending applications.

¶37

MINI PUSHKARNA, J

¶38

DECEMBER 20, 2024 ak

¶39

This is a digitally signed order.

¶40

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:54:15

SD-3C, Llc 1209 Orange Street Wilmington De 19801 Usa v. Jainco Capacitors of 313/83A , 1ST Floor , Tulsi Nagar , Inderlok, New DELHI-35

Case brief

What is this about?

What did the court decide?

SD-3C, Llc 1209 Orange Street Wilmington De 19801 Usa v. Jainco Capacitors of 313/83A , 1ST Floor , Tulsi Nagar , Inderlok, New DELHI-35

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dart Industries Inc. & Anr. Vs Polyset Plastics Pvt. Ltd. & Ors.

R X Infotech Private Limited Vs Jalpa Rajesh Kumar Jain

Phonographic Performance Limited Vs Mall Hotels Limited & Ors.

Aktiebolaget Volvo & Ors. Vs Vaishali Travels & Anr.

Central Park Estates Pvt. Ltd. & Ors. Vs Samvara Buildtech Private Limited & Anr.

Makemy Trip (India) Private Limited Vs Superb My Trip Private Limited