Societe Des Produits Nestle S.A & Anr. v. M/S Shree Shankeshwar Utensils & Appliances Pvt. Ltd.
Case brief
What is this about?
Nestlé MAGGI trade mark suit CS(COMM) 106/2018 (Delhi HC, Justice Tejas Karia, 22.09.2025) decreed per settlement via joint Application I.A. 21780/2025 (Order XXIII Rule 3 r/w Section 151 CPC 1908): Defendant Shree Shankeshwar Utensils & Appliances acknowledges MAGGI proprietorship and registration validity; abandons MAGGISUN pressure cookers and similar marks across all media incl. e-commerce; undertakes destruction/handover of infringing goods, labels, cylinders and embossing equipment within two weeks of recordal; agrees to cancellation of Trade Mark Registration No.1163623 enabling allowance of pending Petition C.O.(COMM. IPD-TM) NO. 318 Of 2022; undertaking by Sh. Dilip Jain binding on Defendant and successors; Plaintiffs withdraw remaining prayers; Suit and pending Applications disposed of.
What did the court decide?
Suit decreed in terms of the settlement recorded in I.A. 21780/2025: Defendant acknowledges Plaintiffs' proprietorship of the trade mark MAGGI and validity of Plaintiffs' trade mark registrations; undertakes not to manufacture, sell, offer for sale, advertise or deal in pressure cookers or any goods/services under MAGGISUN or similar marks, nor to advertise MAGGISUN/MAGGI on any media including print, electronic, social media or e-commerce platforms; undertakes to destroy or hand over all infringing pressure cookers, goods, labels, stickers, printed material, printing cylinders, blocks, negatives, dyes and embossing equipment and share photographs with Plaintiffs within two weeks of recordal; agrees to cancellation of its Trade Mark Registration No.1163623 (MAGGISUN) with pending Petition C.O.(COMM. IPD-TM) NO. 318 Of 2022 to be allowed; confirms no existing and undertakes no future trade mark or copyright applications pertaining to MAGGISUN/MAGGI or similar label/packaging; undertaking tendered by Sh. Dilip Jain binding on Defendant, its servants, agents, franchisees, assigns, dealers, stockists and successors-in-interest. Plaintiffs do not press remaining prayers.