Fdc Limited v. Biotic Healthcare Private Limited
Case brief
What is this about?
Consent decree; trademark infringement and passing off; ZIFI vs ZICFI; pharmaceutical/medicinal preparations; Order XXIII Rule 3 read with Section 151 CPC; settlement terms — acknowledgment of registered proprietorship, undertaking against manufacture/sale of deceptively similar marks, Form TM-P cancellation of registration no. 3140101 (Class 5), withdrawal of trademark applications, product recall (email 21.12.2024), destruction of infringing materials, removal from online/offline platforms; refund of full court fees; suit decreed in terms of paragraphs 31(a)-(b) of plaint; Delhi High Court; Mini Pushkarna, J.; 20.01.2025.
What did the court decide?
Suit decreed in favour of the plaintiff and against the defendant in terms of paragraph 31 (a) to (b) of the plaint; parties bound by the settlement terms; Certificate of refund of full court fees directed in favour of the plaintiff; suit and pending application (I.A. 1477/2025) disposed of; hearing fixed for 28.02.2025 cancelled.