Delhi High Court, CS(COMM) 1036/2024 (with pending I.A. 45738/2024), Jyoti Singh, J., decided 18.03.2025. Astral Ltd. (plaintiff) had sued Astral International Pvt. Ltd. (defendant) for permanent injunction restraining sale, offer to sell and advertisement of goods under the label mark 'ASTRAL' and use of 'ASTRAL' as trade mark/trade name/corporate name, alleging infringement and passing off, with a damages claim. During the suit the parties settled at the Delhi High Court Mediation and Conciliation Centre and executed a settlement agreement dated 05.03.2025. Key terms: (i) Defendant to cease use of 'ASTRAL' as trade name and in the impugned mark, with materials already in market circulation or under printing permitted for up to five months from execution; (ii) Defendant retains the corporate name 'Astral International Private Limited' but 'ASTRAL'/impugned mark barred from goods, packaging, promotional and consumer-facing platforms including its website, and excluded from renewed/newly issued legal or statutory documents; (iii) website astralint.com to be redirected away from any 'ASTRAL' reference (except as part of the corporate name) within eight months; (iv) no recall, withdrawal or halt of books and stock-in-trade already printed, sold or under printing, including stock with third parties, retailers, wholesalers and intermediaries; (v) Defendant to withdraw trademark application no. 4691076 dated 07.10.2020 ('Astral Publishing Authors Across the Globe' label with Star device) within four weeks; (vi) existing third-party contracts under the trading name ASTRAL/impugned mark may continue if not visible to consumers, ceasing upon expiry or termination; (vii) Plaintiff not to initiate new proceedings based on historical usage and agrees to forgo infringement, damages and legal-costs claims; (viii) settlement without admission of liability, fault or wrongdoing by Defendant; (ix) Defendant may seek a one-month extension for unforeseen operational difficulties on written notice; (x) disputes to be resolved first by good-faith negotiation and otherwise adjudicated by the competent court, arbitration expressly excluded; parties to pray that the suit be decreed in terms of the settlement. The Court perused the terms, found them lawful, decreed the suit in terms of the settlement, directed the Registry to draw up the decree sheet, issued a certificate for refund of 50% of the court fee in favour of the Plaintiff, and disposed of the suit along with the pending application.
