Delhi High Court (Tejas Karia, J., 02.12.2025), CS(COMM) 439/2025 — Consent/settlement decree in an intellectual property suit over the mark 'SURYA GOLD', its logo and packaging/Trade Dress (Plaintiffs: Rashi Santoshi Soni & Anr.) vis-a-vis the impugned mark 'SURYA GOLD PLUS' and impugned logo/label/packaging used by Prince Enterprises through its proprietor Mr. Niraj Nirottamsingh Chavhan. On a joint application (IA No.30078/2025) under Order XXIII Rule 3 read with Section 151 CPC, the recorded Terms of Settlement (Paragraph Nos. 2.1 to 2.9) were accepted and the Suit decreed accordingly: (i) Defendant acknowledged Plaintiffs as proprietors and prior users of the Mark 'SURYA GOLD', the logo and the packaging/Trade Dress, and the subsisting Copyright Registration No. A-144300/2023 and Design Registration No.364771 in Class 23-04; (ii) Defendant undertook not to directly or indirectly manufacture, distribute, market, sell, offer for sale, use or advertise products bearing the Impugned Mark 'SURYA GOLD PLUS', the Impugned Logo/Label/packaging, or any identical or deceptively similar Trade Mark, Device, Label/packaging or Logo, including Tower Fans or related goods; (iii) Defendant undertook not to apply the Impugned Design or any Design under Design Registration No. 364771-001, or any fraudulent or obvious imitation, to articles in Class 23-04; (iv) limited use of the agreed Tower Fan packaging/design was permitted so long as no aspect (font, style, writing format, colour combination, getup, Trade Dress) is altered, modified or changed; (v) Defendant undertook to hand over all Impugned materials, including material seized by the Local Commissioner, for destruction/erasure, while being entitled to procure Tower Fans from the impugned packaged products and sell them in the open market under a different Trade Mark/packaging/Label/Trade Dress/Logo within 15 days of the settlement but not thereafter; (vi) Defendant paid a one-time settlement amount of Rs. 4,00,000/- (Rupees Four lakhs only) as damages vide Demand Draft No. 084437 dated 27.10.2025 of State Bank of India; (vii) any breach entitles Plaintiffs to damages as prayed for in the Plaint; (viii) in lieu of the undertakings, Plaintiffs gave up their prayers for damages, rendition of accounts of profit and costs; and (ix) the undertakings bind partners, proprietors, representatives, assignees, licensees, affiliates, legal heirs and successors. The Registry was directed to issue a certificate of refund of 100% of the Court Fees in favour of the Plaintiff in terms of Section 16 of the Court Fees Act, 1870, it being made clear that a Party approaching the Court for enforcement of the Settlement Agreement/Decree would become liable to pay the entire Court Fees thereon. The Suit and pending Applications (IA Nos.11682/2025 & 13873/2025) stand disposed of.
