Delhi High Court (Mini Pushkarna, J.), by order dated 13.02.2025, disposed of two connected commercial IP Division trade mark petitions, C.O. (COMM.IPD-TM) 148/2024 (M/s RSPL Limited v. Ram Nagar Khadi Gramodyog Vikash Samiti & Ors.) and C.O. (COMM.IPD-TM) 149/2024 (M/s RSPL Limited v. Ritesh Bansal & Ors.), in terms of a settlement arrived at in the connected suit CS(COMM 646/20024 [sic, as printed]. Under the recorded settlement terms: (a) the Defendants admitted the Plaintiff's proprietary rights in the trade mark GHADI and various GHADI formative marks and trade dresses depicted in the amended plaint, and recognised the Plaintiff's trade mark and copyright registrations, undertaking never to challenge them directly or indirectly; (b) the Defendants undertook not to use or deal in the trade mark/label TIME ZEE and its trade dresses, except that the Plaintiff raised no objection to use of TIME ZEE and its trade dress as per labels annexed as Annexure-A and A1; (c) the Defendants admitted the proprietary rights in the trade mark/label XPERT, including rights persisting in the Plaintiff's associated company RSPL Health Pvt Ltd, and agreed not to use the mark EXPERT forming part of the impugned label; (d) existing stock of infringing goods under the TIME ZEE label/TIME JEE and formatives was to be exhausted within 90 days of execution of the settlement agreement, leftover stock to be destroyed by the Defendants at their own cost in an environment-friendly manner in the presence of the Plaintiff's representative, with goods seized by the Court Commissioner and in the Defendants' superdari to be released for such exhaustion; (e) the Defendants undertook never to challenge, use, license or register any mark identical or deceptively similar to GHADI LABEL/GHARI/GHADI (word) and the DEVICE OF GHARI/GHADI/WATCH/CLOCK and other formative marks; and (f) the Defendants undertook to take down listings of products bearing the impugned trade mark/label from https://timezee.in/ and other e-commerce platforms, social media websites and third-party websites. Learned counsel for both sides confirmed the settlement terms and sought disposal of the petitions accordingly. The Court directed that the parties shall remain bound by the terms and conditions of the settlement and disposed of the petitions along with the pending applications.
