Disposed

Ms Morepen Laboratories Limited v. Unique Plastic India & Anr.

Delhi HC5 Nov 2024CS(COMM)/546/2021

Case brief

AI extract

What is this about?

Trademark infringement suit over 'Dr. Morepen Breathe Free Vaporizer' mark versus defendants' use of 'Dr. Morphy Breathe Easy'. Parties settled through mediation; court decreed suit in terms of settlement, defendants acknowledged plaintiff's IP rights and undertook to cease infringing use.

What did the court decide?

Suit decreed in terms of Settlement Agreement dated 18.09.2024; certificate for full court fee refund issued.

Ms Morepen Laboratories Limited Vs Unique Plastic India… — Intellectual Property | Delhi HC (2024)

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 546/2021 & I.A. 14157/2021 & I.A. 3923/2023

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MS MOREPEN LABORATORIES LIMITED .....Plaintiff

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Through: Mr. Kumar Chitranshu, Adv.

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versus

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UNIQUE PLASTIC INDIA & ANR. .....Defendants Through: Counsel through VC (appearance not given)

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 05.11.2024

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Settlement agreement dated 18^th September, 2024 has been received from Delhi High Court Mediation and Conciliation Centre.

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The present suit has been filed seeking permanent injunction against the defendants from infringing the plaintiff‟s mark „Dr. Morepen Breathe Free Vaporizer (label)‟. The same was said to be infringed by the usage of the mark „Dr. Morphy Breathe Easy‟ by the defendants.

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The matter was referred to Delhi High Court Mediation and Conciliation Centre, vide order dated 7^th November, 2023, wherein, the parties have successfully negotiated a settlement and executed a Settlement Agreement dated 18^th September, 2024.

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Counsels for the parties confirm the terms of the settlement and pray that the suit be decreed in terms, thereof.

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The court has perused the terms of the settlement and finds the same to be lawful. In terms of the settlement, the defendants have acknowledged that the plaintiff is the owner of all the Intellectual Property Rights

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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 11/11/2024 at 11:58:28

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subsisting in their marks / “Dr. Morepen Breathe Free Vaporizer”.

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Further, the defendants have undertaken not to manufacture, market, import, offer to sell, advertise and directly or indirectly deal in any product

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under the mark / “Dr. Morphy Breathe Easy” and its variants, without any prior approval of the plaintiff.

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Further, the defendants admit the proprietary right of the plaintiff in the trademark bearing no. 2586216.

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Accordingly, the present suit is decreed in favour of the plaintiff and against the defendant, in terms of the Settlement Agreement dated 18^th September, 2024, which shall form part of the decree.

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Parties shall remain bound by the terms and conditions of the settlement.

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

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Decree sheet be drawn up.

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The present suit, along with pending applications, stands disposed of.

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MINI PUSHKARNA, J

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NOVEMBER 5, 2024/ PU

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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 11/11/2024 at 11:58:28

Ms Morepen Laboratories Limited v. Unique Plastic India & Anr.

Case brief

What is this about?

What did the court decide?

Ms Morepen Laboratories Limited v. Unique Plastic India & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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