M/S Janak Sons Knitwear Pvt. Ltd. v. Rajesh Jain, Trading as M/S J.R Oswal Hosiery Factory and Anr.
Trade Marks – Disposal pursuant to settlement
Case brief
What is this about?
Janak Sons Knitwear Pvt Ltd v. Oswal Hosiery Factory / Rajesh Jain (J.R Oswal Hosiery); C.O. (COMM.IPD-TM) 670/2022 & 713/2022; I.A.-17117/2025 & I.A.-17116/2025; Order 23 Rule 3 r/w Section 151 CPC; settlement dated 10.04.2025; marks “W”N”C (LABEL)” Regn. 1278045 and “W N C” Regn. 1617397 Class-25 rectification/cancellation/expunging; pending application 3551179 Class 35 “W 'N' C - WARM & COMFORT” withdrawal; restriction to winter wear sweaters knitted on flat knitting machines; First Party marks “CN'C”/“COOL N' COMFORT”; disposal in terms of settlement; no costs; Delhi HC; Justice Tejas Karia; 21.07.2025.
What did the court decide?
Both petitions (C.O. (COMM.IPD-TM) 670/2022 and 713/2022) disposed of in terms of the Settlement Agreement dated 10.04.2025, with parties directed to be bound by its terms and their compliance undertaking recorded; no orders as to costs. Agreed terms recorded: no objection to rectification/cancellation/expunging from the Registrar of Trade Marks of “W”N”C (LABEL)” (Regn. No. 1278045, Class-25) and “W N C” (Regn. No. 1617397, Class-25) registered in the name of Respondent No.1, subject to restricting actual usage to “Winter wear sweaters knitted on Flat Knitting Machines”; no fresh applications for “W”N”C (LABEL)”/“W N C” or similar marks, nor for marks identical or similar to “CN'C”/“COOL N' COMFORT”; withdrawal within two weeks of pending application for “W 'N' C - WARM & COMFORT” (No. 3551179, Class 35); and no present or future opposition or challenge to the First Party's marks/registrations.