Allowed

Spykar Lifestyles Private Limited v. Shyam Plastic Industries & Ors.

Delhi HC17 May 2024CS(COMM)/545/2023

Case brief

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What is this about?

In a suit for trademark passing off and injunction, the Delhi High Court decreed a compromise reached during mediation. The dispute was settled via an agreement with a monetary payment by defendants, and the suit was disposed of accordingly.

What did the court decide?

Suit decreed in terms of Settlement Agreement dated 23rd April, 2024; payment of INR 50,000 acknowledged; full court fees refund directed.

Spykar Lifestyles Private Limited Vs Shyam… — Civil Procedure and Limitation | Delhi HC (2024)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 545/2023 & I.As. 14910-14912/2023, 20356/2023

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SPYKAR LIFESTYLES PRIVATE LIMITED ..... Plaintiff

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Through: Mr. Manu Nair, Mr. J.V. Abhay, Mr. Manik Sachdeva, Ms. Henal Vakhoria, Mr. Dhruv Grover and Mr. Abhineet Kalia, Advocates.

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versus

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SHYAM PLASTIC INDUSTRIES & ORS. ..... Defendants Through: Mr. U. K. Singhal, Ms. Akshita Chhatwala Setiya, Advocates.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 17.05.2024

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Plaintiff, Spykar Lifestyles Private Limited, has filed the present suit seeking protection of their statutory and common law rights under its

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registered trademarks “SPYKAR”, “ ”,

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“ ”, “ ”, “SPYKAR JEANS”, “ ”, and other formative marks⁴ . Plaintiff has been engaged in the business of manufacturing, marketing and selling apparels, footwear and accessories under its registered trademarks for more than three decades with distribution channels across India. Plaintiff has filed the present suit seeking permanent injunction restrianing Defendant Nos. 1 to 3

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4 “Plaintiff’s trademarks”

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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 29/05/2024 at 11:46:16

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from using an identical/deceptively similar mark “SPYKAR”/

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“ ”⁵ , for the identical product of footwear, thereby amounting to infingement and passing off.

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During the pendency of the present suit, vide order dated 20^th December, 2023, parties were referred to mediation before the Delhi High Court Mediation and Conciliation Centre whereby, the parties executed a Settlement Agreement dated 23^rd April, 2024, resolving the dispute inter-se the parties.

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The Settlement Agreement has duly been placed on record, and is accompanied by a Board Resolution as well as a Letter of Authorisation in favour of the authorised representatives of the Plaintiff and Defendants respectively.

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Counsel for the parties mentioned in the appearance above, confirm the terms of settlement and pray for the suit to be decreed in terms thereof. The Court has perused the said terms and finds the same to be lawful.

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In terms of clause 7 of the said Settlement Agreement, the Defendants have made a payment of INR 50,000/- (Rupees Fifty Thousand Only) to the Plaintiff towards full and final resolution of monetary claims arising from the present suit. The receipt of the said payment is duly acknowledged by the counsel for Plaintiff.

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Accordingly, the present suit is decreed in favour of the Plaintiff and against the Defendants, in terms of the Settlement Agreement dated 23^rd April, 2024, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement.

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In view of the fact that parties have arrived at a compromise, the Registry is directed to issue a certificate for refund of full Court fees, in favour of the Plaintiff.

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5 “Defendants’ mark”

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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 29/05/2024 at 11:46:16

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Decree sheet be drawn up.

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Suit and pending applications stand disposed of.

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SANJEEV NARULA, J

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MAY 17, 2024

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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 29/05/2024 at 11:46:16

Spykar Lifestyles Private Limited v. Shyam Plastic Industries & Ors.

Case brief

What is this about?

What did the court decide?

Spykar Lifestyles Private Limited v. Shyam Plastic Industries & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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