Allowed

Tommy Hilfiger Europe Bv v. Ms Originals Clothing and Ors.

Delhi HC19 Jan 2024EX.P./35/2022

Case brief

AI extract

What is this about?

In an execution petition for trademark injunctions, the court disposed of the matter on the basis of a pre-meditation settlement. Separate application for deletion of a non-settling party was also disposed of. The sealed warehouse is to be de-sealed for goods destruction.

What did the court decide?

Execution petition disposed of; judgment-debtor to pay Rs. 5 lakhs; warehouse to be de-sealed; settled party deleted from array of parties.

Tommy Hilfiger Europe Bv Vs Ms Originals Clothing and Ors. — Intellectual Property | Delhi HC (2024)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- EX.P. 35/2022, EX. APPL.(OS) 3075/2022

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TOMMY HILFIGER EUROPE BV ..... Decree Holder

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Through: Mr. Dhruv Anand, Ms. Udita Patro, Ms. Sampurnaa Sanyal, Ms. Nimrat Singh, Mr. Dhananjay Khanna, Advs.

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versus

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MS ORIGINALS CLOTHING AND ORS ..... Judgement Debtors Through: Mr. A. Karthik, Ms. Smrithi Suresh, Ms. Samiksha, Advs.

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 19.01.2024

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This is an execution petition seeking compliance of the order and judgment dated 31.01.2022 passed by this Court in CS (COMM.) 298/2021 by directing the judgment-debtor to immediately refrain from importing, manufacturing, warehousing, selling and/or offering for sale, advertising, directly or indirectly dealing, in any manner, including on the internet or through social media platforms, any goods including t-shirts and other apparel bearing the registered „Tommy Hilfiger‟ trademarks of the Decree Holder.

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Mr. Anand, learned counsel for the petitioner states that the matter has been settled before the Delhi High Court Mediation and Conciliation Centre on 20.09.2023. The settlement is on record.

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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 06/06/2024 at 14:42:32

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In view of the settlement and binding the judgment-debtor to the obligations of the settlement agreement dated 20.09.2023, the decree-holder does not press the present execution petition.

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In case there is any violation of the settlement terms, the decreeholder shall be at liberty to revive the present execution petition and/or also initiate action for contempt.

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The parties agree that the warehouse which was sealed pursuant to the order dated 03.06.2022 may be de-sealed so that the seized goods can be destroyed on a date and time mutually fixed by both the parties.

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The judgment-debtor also undertakes to pay a sum of Rs. 5 lakhs, as per the settlement, within 2 weeks from today.

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The petition is disposed of.

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EX.APPL.(OS) 3853/2022

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This is an application seeking deletion of M/s Originals Garment Store, DD Village, Thammanam, Kochi, Kerala 682032 from array of parties.

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It is stated that the applicant is not a party to the suit or the settlement agreement.

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For the said reasons, the applicant i.e. M/s Originals Garment Store, DD Village, Thammanam, Kochi, Kerala 682 032 is deleted from the array of parties.

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The application is disposed of.

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JASMEET SINGH, J

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JANUARY 19, 2024/DM

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Click here to check corrigendum, if any

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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 06/06/2024 at 14:42:32

Tommy Hilfiger Europe Bv v. Ms Originals Clothing and Ors.

Case brief

What is this about?

What did the court decide?

Tommy Hilfiger Europe Bv v. Ms Originals Clothing and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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