Delhi High Court (Mini Pushkarna, J.; order dated 13.02.2025) disposed of, by consent, two Commercial IP Division petitions — C.O. (COMM.IPD-TM) 148/2024 (M/s RSPL Limited v. Ram Nagar Khadi Gramodyog Vikash Samiti & Ors.) and connected C.O. (COMM.IPD-TM) 149/2024 (M/s RSPL Limited v. Ritesh Bansal & Ors.) — in terms of a settlement reached in the connected suit CS(COMM 646/20024. Settlement terms recorded: (i) Defendants admit the Plaintiff's proprietary rights in the trade mark GHADI and its formative marks and trade dresses, and in various trade mark and copyright registrations, undertaking never to challenge them; (ii) Defendants undertake not to use or deal in the TIME ZEE label/trade dresses, save that the Plaintiff has no objection to use of TIME ZEE and its trade dress as per labels annexed as Annexure-A and A1; (iii) Defendants admit proprietary rights in the mark XPERT, including rights persisting in the Plaintiff's associated company RSPL Health Pvt Ltd, and agree not to use EXPERT forming part of the impugned label; (iv) existing stock of infringing goods to be exhausted within 90 days of execution of the settlement agreement, leftover stock to be destroyed at Defendants' cost in an environment-friendly manner in the presence of the Plaintiff's representative, and seized goods under superdari to be released for such exhaustion; (v) Defendants to take down listings bearing the impugned mark from https://timezee.in/ and other e-commerce, social media and third-party websites; and (vi) Defendants to never use, license or register any mark identical or deceptively similar to GHADI LABEL/GHARI/GHADI (word) and the DEVICE OF GHARI/GHADI/WATCH/CLOCK. The Court directed that the parties shall remain bound by the terms and conditions of the settlement and disposed of the petitions along with pending applications.
