The Court disposed of three writ petitions concerning trademark disputes after the parties executed a Settlement Agreement through the Delhi High Court Mediation and Conciliation Centre, rendering the petitions infructuous.
Writ petitions disposed of as infructuous; parties bound by Settlement Agreement dated 18th February, 2025.
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$~29, 31 & 38
AYUR UNITED CARE LLP .....Petitioner Through: Mr. P.C. Arya, Mr. Udit Gupta, Advocates (M:9911299869)
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Satya Ranjan Swain, SPC for UOI (M:8860189238) Mr. Ajay Sahni, Mr. Chirag Ahluwalia, Mr. Mohit Maru, Advocates for R-2 (M:9369857033)
31
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Ajay Sahni, Mr. Chirag Ahluwalia, Mr. Mohit Maru, Advocates for R-2 (M:9369857033)
38 + W.P.(C)-IPD 98/2021 THREE N-PRODUCT .....Petitioner Through: Mr. P.C. Arya, Mr. Udit Gupta, Advocates (M:9911299869)
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Ajay Sahni, Mr. Chirag Ahluwalia, Mr. Mohit Maru, Advocates for R-2 (M:9369857033)
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 28/02/2025 at 12:47:46
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 25.02.2025
2. Save as specifically mentioned herein and in ANNEXURE-D, the Respondent No. 2 will not use any mark which is stand alone “AYUR” per se or any other mark deceptively similar to “AYUR” or trading style of “AYUR” including device mark or will not use word “AYUR”
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 28/02/2025 at 12:47:46
as prefix or suffix or in conjunction with any other word or number or logo.
3. The Petitioner accepts that the Respondent No. 2 will use the marks “AYURVET, AYUVET, AYUMIN, AYUPET”. Wherein Respondent No.2 undertakes that no special prominence will be given to the word AYUR and undertakes that no exclusive right shall be claimed on the word “AYUR” per se or dominant representation of “AYUR” in the mark “AYURVET”.
4. The use and registration of trade marks of the Respondent No. 2 for the marks comprising of AYUR/AYU as stated above, shall only be with respect to Veterinary, Dietetic foods and substances and, Dietary Supplements for animals only, Food Stuff for animals and, other allied products for animals, falling in class 5, 10 and class 31, besides for the related services/classes.
5. The Petitioner shall withdraw the present oppositions ( as per ANNEXURE-D ) against Respondent No. 2 within 30 days from the date of execution of this Agreement, and shall not file opposition or rectification proceedings against any such marks of Respondent No. 2 in future.
6. The Respondent No. 2 shall withdraw Opposition to registration of trade mark “AYUR (Device)” under Application No. 2589774 in Class-3, within 30 days from the date of execution of this Agreement and shall not file opposition or rectification proceedings against such mark of the Petitioner, in future.
7. The Respondent No.2 shall not oppose or challenge the trademark applications or registrations of the Petitioner bearing the mark “AYUR” including variations and device marks.
8. That both the parties agree that they shall maintain their distinct script/ writing style/presentation while using the above marks.
9. In view of the settlement arrived at between the Petitioner and the Respondent No. 2, the present petitions being W.P.(C)-IPD Nos. 98, 75, 61 all of 2021 shall become infructuous and the Petitioner undertakes to withdraw the same at the earliest.
10. The Parties undertake that neither they, nor their successors or assigns etc. shall raise any dispute of any nature with respect to this Settlement Agreement after its execution.
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 28/02/2025 at 12:47:46
11. The Parties have entered into this Settlement Agreement of their own free will and consent, and the present Agreement is free from any undue influence, coercion, misrepresentation, or duress.
12. The Parties have arrived at this Settlement Agreement voluntarily.
MINI PUSHKARNA, J
FEBRUARY 25, 2025
au
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 28/02/2025 at 12:47:46
2 issues framed by the court
Whether writ petitions challenging trademark disputes are maintainable in light of a subsequent settlement agreement.
Whether the Court can dispose writ petitions based on a lawful settlement reached through mediation.
Ayur United Care LLP
Three N-Product Pvt. Ltd.
Union of India
Anr.
Mini Pushkarna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
