Suit over the BESTO mark settled jointly; defendant acknowledged plaintiff's exclusive trademark and copyright rights and undertook to cease using similar marks. Court found terms lawful and decreed the suit accordingly.
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NV DISTILLERIES PVT. LTD. ..... Plaintiff
Through: Mr. Nikhil Singh & Mr. Sarthak Katyal Advs. versus
A.D.S. SPIRITS PVT. LTD. ..... Defendant
Through: Mr. Chirag Ahluwalia, Adv.
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 29.01.2024
I.A. 2028/2024 ( under Order XXIII Rule 3 CPC)
below:
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 30/07/2024 at 12:48:13
combination, and/or a combination thereof. The Defendant undertakes not to use any such trade dress, or a trade dress deceptively similar thereto, for any goods or services.
(d) That Defendant undertakes not to challenge, now or in the future, any trademark application filed or trademark registration secured for the BESTO Trademarks by Plaintiff through any means, including the filing of opposition, rectification. the mark ‘THE BEST’/‘BEST’ or any other BESTO trademarks, or any other mark
comprising or consisting of the BESTO Trademarks, or any mark deceptively similar to the BESTO Trademarks, in India or any other country. The Defendant undertakes not to file any such application now or in the future.
3. That the Parties agree that they shall not act in any manner against or prejudicial to each other's reputational interest. They shall not directly or indirectly make use of and/or publicize the contents of the present settlement/compromise entered between the parties by way of publication/circulation in any newspaper, pamphlet, and/or publicity material and/or through any other means, whether print or electronic. However, the same shall not preclude either of the parties from relying upon the judgment laid down in the present matter in future third party brand disputes and/or any court proceedings.
4. That the Parties agree that the present terms of the compromise are binding henceforth upon the Parties, their affiliates, directors, proprietors, principal officers, successors, principals, agents, servants, and assignees in business, interest, or title, and all others acting for or on their behalf.
5. That the parties further agree that in the event of a breach of any of the terms of this settlement by the Defendant or anyone acting for and, on its behalf, including its affiliates. suit, defence in a suit, counter-claim, or through any proceedings intended to invalidate or cancel a subsisting trademark registration, or impede any application for the registration of a trademark before any authority, court, tribunal, or body in India or abroad.
(e)That the Defendant herein declares and undertakes that they
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 30/07/2024 at 12:48:13
are not using and will not use, in any manner in future, in India or abroad, the trademark, 'THE BEST' or any other trademark: visually, phonetically, structurally, or in any. other manner, similar to the BESTO Trademarks. Defendant further undertakes not to use the mark BESTO in relation to any goods or services; on stationery, trade dress, or product packaging, as part of any label, composite mark, trade name, corporate name, or as part of the name of a business concern, domain name, meta tags, keywords, promotional material of any type, part of any slogan, or in any other manner whatsoever.
(f) That Defendant undertakes not to deal in any goods: or services using the BESTO Trademarks, or any other trademark deceptively similar, identical, or phonetically similar thereto, which do not emanate from Plaintiff.
(g)That the Defendant undertakes that they do not have any trademark application or registration for directors, proprietors, principal officers, successors, principals, agents, servants, and assignees in business, interest, or title, the Plaintiff shall have the right to seek from the Defendant any remedies available to the Plaintiff in law and equity, including punitive damages and the actual costs of any proceedings which the Plaintiff may have to initiate against the Defendant: to ensure compliance with the above terms.
6. That the Plaintiff in view of the, present settlement/ compromise arrived at between the Parties, agrees to forgo its relief for delivery-up rendition of accounts; damages and costs as stipulated in paragraph: 15 (iv), (v), (vi), (vii) and (viii) of the plaint against the defendant.”
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 30/07/2024 at 12:48:13
“i. An order and decree for permanent injunction restraining the Defendant, its directors, promoters, officers, servants, agents, distributors and all persons, in active concert or participation with the
Defendant from using the mark “BEST”, , or any other mark/logo/label/device which is identical or deceptively similar to the Plaintiffs trademark “BESTO” and the Plaintiff’s labels thereby amounting to infringement of the Plaintiff’s trademarks.
ii. An order and decree for permanent injunction restraining the Defendant, its directors, promoters, officers, servants, agents, distributors and all persons, in active concert or participation with the
Defendant from using the mark “BEST”, or any other mark/logo/label/device which is identical or deceptively similar to the Plaintiff’s trademark “BESTO” and the Plaintiff’s labels thereby amounting to passing off.
iii. An order and decree for permanent injunction restraining the Defendant, its directors, promoters, officers, servants, agents, distributors and all persons, in active concert or participation with the
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 30/07/2024 at 12:48:13
Defendant from using the label , or any other mark/label/device which is a reproduction of the Plaintiffs labels, thereby infringing Plaintiff’s copyright in its artistic works.”
ANISH DAYAL, J
JANUARY 29, 2024/sm/sc
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 30/07/2024 at 12:48:13
1 issue framed by the court
Whether decree should be granted in terms of the parties' joint settlement under Order XXIII Rule 3 CPC regarding the BESTO trademark, copyright and trade dress.
1 provisions across 1 enactments
NV Distilleries Pvt. Ltd.
A.D.S. Spirits Pvt. Ltd.
Anish Dayal
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
