Disposed

Bhatia Enterprises v. Shree Balaji Industries and Anr.

Delhi HC28 Aug 2024C.O. (COMM.IPD-TM)/247/2021

Case brief

AI extract

What is this about?

The Court disposed of a trademark rectification petition in light of a settlement agreement between the parties. The Respondent was permitted to retain the registered trademark subject to restrictions on the material (aluminium utensils) and representation of the mark. The Court directed the Registrar of Trademarks to incorporate these restrictions.

What did the court decide?

Petition disposed of in terms of Settlement Agreement; Respondent permitted to retain trademark subject to material and representation restrictions.

Bhatia Enterprises Vs Shree Balaji Industries and Anr. — Intellectual Property | Delhi HC (2024)

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$~45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.O. (COMM.IPD-TM) 247/2021

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BHATIA ENTERPRISES .....Petitioner Through: Mr. Rishabh Srivastava, Adv. M: 9737708556

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versus

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SHREE BALAJI INDUSTRIES AND ANR. .....Respondents Through: Mr. Tanvir Nayar and Mr. Yagyesh Kumar, Advs. for R-1. M: 9205618242 Email: [email protected] Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Adv. for R-2. M: 9958614305

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 28.08.2024

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The present petition has been filed seeking removal/rectification of the trademark ‘GOLDEN MAYUR’ from register trademark being deceptively similar to the trademark of the plaintiff, i.e., ‘MAYUR’.

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The matter was referred to the Delhi High Court Mediation and Conciliation Centre by this Court, vide order dated 09^th November, 2023. 3. Learned counsel appearing for the parties submit that the parties have successfully negotiated a settlement and have executed the Settlement Agreement dated 27^th August, 2024, before the Delhi High court Mediation and Conciliation Centre.

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Learned counsel for the parties confirm the terms of the settlement

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This is a digitally signed order.

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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 31/08/2024 at 11:30:20

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and pray that the petition be disposed of in terms of the Settlement Agreement dated 27^th August, 2024.

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The Court has perused the terms of the Settlement Agreement and finds the same to be lawful.

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In terms of the Settlement Agreement, the petitioner has recorded its no objection to the continuance of the trademark registered under no. 4056668 in Class-21 by the respondent, subject to certain restrictions on the actual usage and undertaking in description of goods thereof, in the course of trade.

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The respondents have voluntarily restricted their business under the subject registration for manufacturing, sale and distributing utensils, only made only of Aluminium in different sizes, as per the catalogue, i.e., Annexure-D of the Settlement Agreement.

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Further, as per the settlement, the respondents have undertaken to always represent their mark on its goods in the manner, as given in Annexure-C of the Settlement Agreement.

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Accordingly, it is directed that the parties shall remain bound by the terms and conditions of the settlement. 10. The Registrar of Trademarks is directed to make the necessary rectification in the Register to incorporate the use of the registered trademark no. 4056668 in Class 21 in favour of the respondent, as restricted to manufacturing, sale and distributing utensils, made only of aluminium in different sizes.

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The Trademark Registry shall issue an appropriate notification to the above effect.

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The Registry is directed to supply a copy of the present order to the

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This is a digitally signed order.

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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 31/08/2024 at 11:30:20

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Trademarks Registry at [email protected], for compliance. 13. In view thereof, the present petition is disposed of in terms of the Settlement Agreement dated 27^th August, 2024, entered into between the parties.

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MINI PUSHKARNA, J

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AUGUST 28, 2024/kr

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This is a digitally signed order.

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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 31/08/2024 at 11:30:20

Bhatia Enterprises v. Shree Balaji Industries and Anr.

Case brief

What is this about?

What did the court decide?

Bhatia Enterprises v. Shree Balaji Industries and Anr.

Case brief

What is this about?

What did the court decide?

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