Allowed

Mankind Pharma Limited v. Pranjali Swapnil Pimprikar Trading as A2 Lifesciences & Anr.

Delhi HC20 Nov 2024CS(COMM)/709/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of the suit decreeing a settlement between the plaintiff and defendants regarding trademark and trade dress rights, granting a certificate for 100% refund of court fees.

What did the court decide?

Suit decreed based on settlement; 100% refund of court fees granted to plaintiff under Section 16 of the Court Fees Act.

Mankind Pharma Limited Vs Pranjali Swapnil Pimprikar Trading as A2 Lifesciences & Anr. — Delhi HC (2024) — LawSathi Research

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$~36.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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I.A. 42673/2024 IN

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- CS(COMM) 709/2024

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MANKIND PHARMA LIMITED .....Plaintiff

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Through: Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Shashwat Rakshit and Ms. Nidhi Pathak, Advocates.

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versus

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PRANJALI SWAPNIL PIMPRIKAR TRADING AS A2 LIFESCIENCES & ANR. .....Defendants

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Through: Ms. Shravya Pathak and Mr. Rohit Pradhan, Advocates for D-1.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 20.11.2024

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Counsel for the parties submit that the parties have settled their disputes.

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The terms of the settlement, duly signed by the counsel appearing on behalf of the parties, have been handed over in Court. The terms of settlement are as follows:

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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 25/11/2024 at 14:23:32

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a. Th e defendant no.1 acknowledges the ri g hts of the plaintiff in

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its trade m ark/trade dress - / , and acknowledges the plaintiff to be the exclusive proprietor of the said trademar k /trade dress;

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, and

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b. Th e defendant no.1 agrees and underta k es that it will not use

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the trade dress / or any o ther trade mark/trade dress wh i ch may be identical/deceptively si m ilar to the Plaintiff’s

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trademar k /trade dress /

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;

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c. The defendant no.1 confirms that it will change the trade dress of its “ALL OK+” product to the new trade dress provided as under:

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d. That, in terms of the undertaking given by the defendant no.1, the plaintiff agrees to not press for the reliefs of damages and rendition of accounts.

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For the purpose of good order and record, the Registry will scan a copy of the settlement so that it remains embedded in the case file. 4. It is further agreed between the parties that the defendants shall be free to use the trademark “ALL OK+” so long as the trade dress is not similar to that of the plaintiff.

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Accordingly, the suit is decreed in terms of the settlement.

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Decree sheet be drawn up.

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In view of the fact that the matter has been settled at an early stage, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, in terms of Section 16 of the CourtFees Act, as applicable to Delhi.

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AMIT BANSAL, J

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NOVEMBER 20, 2024

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Vivek/-

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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 25/11/2024 at 14:23:32

Mankind Pharma Limited v. Pranjali Swapnil Pimprikar Trading as A2 Lifesciences & Anr.

Case brief

What is this about?

What did the court decide?

Mankind Pharma Limited v. Pranjali Swapnil Pimprikar Trading as A2 Lifesciences & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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