Trade mark and copyright infringement suit settled. Defendant No. 1 acknowledged plaintiffs' FILMTEC/DUPONT marks and copyrights, paid ₹3,50,000 litigation costs, undertook to refrain from infringement; seized goods to be destroyed. Suit decreed against Defendants 1-3 per settlement terms.
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$~23
Versus
ANIL KUMAR ASHOK BHAIVASWANI OWNER AT MESSRS JAL BLUE IMPEX & ORS. .....Defendants Through: Ms. Karuna Chhatwal, Advocate for D-1 to D-3.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 05.12.2025
I.A. No. 30472/2025
“ A. The Defendant No. 1 acknowledges the Plaintiffs to be the owner and lawful proprietor of the trademarks FILMTEC®,
, DUPONT and DUPONT OVAL LOGO/ ® formative marks as well as its associated trade names/ labels/ logo/ trade dress/ packaging/ domain names. The Defendant No. 1 also acknowledges the Plaintiffs to be the owner and lawful proprietor of the copyrights in the artistic works in the Plaintiffs’ packaging and logos. The Defendant No. 1 further undertakes to this Hon'ble Court that Defendant No. 1 shall not challenge the aforesaid trademarks and copyrights of the Plaintiffs, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal, and/or
CS(COMM) 653/2022
Page 1 of 9
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Statutory Body, on any ground(s) whatsoever; B. The Defendant No. 1 further acknowledges the intellectual property rights, fame, and reputation of the Plaintiffs in its earlier trademarks FILMTEC®, , DUPONT and DUPONT
OVAL LOGO / ® formative marks, and trade dress/packaging associated with the Plaintiffs’ products. The Defendant No. 1 undertakes to this Hon'ble Court to refrain from doing such acts in future which would amount to infringement of the Plaintiffs’ registered trade marks and copyrights;
C. The Defendant No. 1 affirms that the Defendant No. 1 will refrain from manufacturing or authorizing the manufacture, importing, selling, offering for sale, marketing, exporting, retailing, supplying, distributing, exhibiting, advertising, promoting, displaying, dealing in and / or using, in any manner whatsoever, the counterfeit/ impugned products or any other product bearing the
Plaintiffs’ earlier trade marks FILMTEC®, , DUPONT
and DUPONT OVAL LOGO/ ® formative marks or using and/or applying any other mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade marks, either as a trade mark or part of a trade mark, or as a logo/ label/ trade dress or part of a logo/ label/ trade dress, or in any other manner whatsoever, in relation to any goods or services, or in relation to any promotional, marketing or advertising material or any other material used or intended to be used for labelling or packaging or for advertising any goods or services;
D. The Defendant No. 1 affirms that the Defendant No. 1 will refrain from reproducing, imitating, copying, adopting, using and/or exploiting the original work of the Plaintiff No. 2 including the said Plaintiffs’ DUPONT OVAL logo, as mentioned in Paragraph No. 12 of the Plaint, and/or any other copyrighted material of the said Plaintiffs, by the Defendants in relation the impugned products, or in any other manner whatsoever;
E. The Defendant No. 1 affirms that the Defendant No.1 will refrain from using, exhibiting, advertising, promoting, displaying, using and/or dealing in any manner whatsoever, the Plaintiffs’ earlier
CS(COMM) 653/2022
Page 2 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
trade marks in relation to the counterfeit / impugned products, as mentioned in Paragraph No. 58 of the Plaint, or in relation to any other product or services or any other use whatsoever, in relation to any goods or services, or in relation to any packaging, labelling, promotional, marketing or advertising material etc. or any other material used or intended to be used for labelling or packaging or for advertising any goods or services;
F. The Defendant No. 1 affirms that the Defendant No.1 will refrain from using, or attempting to use, or asserting any right to use, or claiming proprietorship, or applying to register any mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade marks.
G. The Defendant No. 1 affirms that the Defendant No.1 has already stopped trading whether directly or indirectly in all finished and/or unfinished counterfeit products and/or any packaging, labelling, marketing, promotional and advertising materials and/or any other goods or materials whatsoever, bearing the Plaintiffs’ earlier trade marks or any other mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade mark, from the physical and online marketplace;
H. The Defendant No. 1 affirms before this Hon'ble Court that the Defendant No. 1 has disclosed all information pertaining to the manufacture/ procurement/ sale of the counterfeit products under the
marks FILMTEC®, , DUPONT and DUPONT OVAL
LOGO/ ® and/or the trade dress of the Plaintiffs, and undertakes to cooperate with the Plaintiffs in identifying the source of the counterfeit products of the Plaintiffs in the future to the best of its ability. In case it is found by the Plaintiffs in the future that the Defendant No. 1 has participated in any other transaction pertaining to the procurement/ purchase/ manufacture/ import/ export or sale of the aforementioned counterfeit products which has not been disclosed to the Plaintiffs as on the date of this application, the Plaintiffs reserves its right to take further action against the Defendant No. 1 under law;
I. The Defendant No.1 hereby agrees and undertakes that all
CS(COMM) 653/2022
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
goods, packaging material, labels, promotional materials, and/or any other counterfeit/ infringing articles bearing the Plaintiffs’ registered trademarks and/or any deceptively similar marks, which were seized from the Defendant No.1’s premises during the local commission proceedings conducted on September 28, 2022 and which are currently in the custody of the Plaintiffs, may be destroyed by the Plaintiffs at their own cost, without any further notice or reference to the Defendant No.1. The Defendant No.1 confirms that it has no objection to such destruction and waives any and all claims or rights in respect of the said goods.
J. The Defendant No. 1 undertakes to pay to the Plaintiffs a sum of INR 3,50,000/- (Rupees Three Lakh Fifty Thousand Only) as litigation costs and the same has already been paid, vide cheque/ NEFT/RTGS. A proof of said payment to the Plaintiffs is annexed herewith as Document-A.
K. The Defendant No. 1 agrees that, in the event of a breach of any term of the present Settlement Application, as outlined herein, the Plaintiffs shall be at liberty to initiate any and all appropriate actions. The Plaintiffs will also be entitled to claim damages, including liquidated damages, from the Defendant No. 1. This is without prejudice to any other claims the Plaintiffs may have against Defendant No. 1 under the law, including, but not limited to, filing a petition for contempt;
L. The Defendant No. 1 undertakes to comply with and suffer a decree of permanent and mandatory injunction in accordance with the terms of the settlement described above;
M. In view of the above undertakings given by the Defendant No. 1 to this Hon’ble Court, the Plaintiffs agree to forego the claim for damages in the present suit; ”
CS(COMM) 653/2022
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
received the said amount.
“ A. The Defendant Nos. 2 and 3 acknowledges the Plaintiffs to be the owner and lawful proprietor of the trademarks FILMTEC®,
, DUPONT and DUPONT OVAL LOGO/ ® formative marks as well as its associated trade names/ labels/ logo/ trade dress/ packaging/ domain names. The Defendant Nos. 2 and 3 also acknowledge the Plaintiffs to be the owner and lawful proprietor of the copyrights in the artistic works in the Plaintiffs’ packaging and logos. The Defendant Nos. 2 and 3 further undertakes to this Hon'ble Court that Defendant Nos. 2 and 3 shall not challenge the aforesaid trademarks and copyrights of the Plaintiffs, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal, and/or Statutory Body, on any ground(s) whatsoever;
CS(COMM) 653/2022
Page 5 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
B. The Defendant Nos. 2 and 3 further acknowledge the intellectual property rights, fame, and reputation of the Plaintiffs in its earlier trademarks FILMTEC®, , DUPONT and
DUPONT OVAL LOGO / ® formative marks, and trade dress/packaging associated with the Plaintiffs’ products. The Defendant Nos. 2 and 3 undertake to this Hon'ble Court to refrain from doing such acts in future which would amount to infringement of the Plaintiffs’ registered trade marks and copyrights; C. The Defendant Nos. 2 and 3 affirm that they will refrain from manufacturing or authorizing the manufacture, importing, selling, offering for sale, marketing, exporting, retailing, supplying, distributing, exhibiting, advertising, promoting, displaying, dealing in and / or using, in any manner whatsoever, the counterfeit/ impugned products or any other product bearing the Plaintiffs’ earlier trade marks FILMTEC®, , DUPONT and
DUPONT OVAL LOGO/ ® formative marks or using and/or applying any other mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade marks, either as a trade mark or part of a trade mark, or as a logo/ label/ trade dress or part of a logo/ label/ trade dress, or in any other manner whatsoever, in relation to any goods or services, or in relation to any promotional, marketing or advertising material or any other material used or intended to be used for labelling or packaging or for advertising any goods or services;
D. The Defendant Nos. 2 and 3 affirm that they will refrain from reproducing, imitating, copying, adopting, using and/or exploiting the original work of the Plaintiff No. 2 including the said Plaintiffs’ DUPONT OVAL logo, as mentioned in Paragraph No. 12 of the Plaint, and/or any other copyrighted material of the said Plaintiffs, by the Defendants in relation the impugned products, or in any other manner whatsoever;
E. The Defendant Nos. 2 and 3 affirm that they will refrain from using, exhibiting, advertising, promoting, displaying, using and/or dealing in any manner whatsoever, the Plaintiffs’ earlier trade marks in relation to the counterfeit / impugned products, as mentioned in
CS(COMM) 653/2022
Page 6 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
Paragraph No. 58 of the Plaint, or in relation to any other product or services or any other use whatsoever, in relation to any goods or services, or in relation to any packaging, labelling, promotional, marketing or advertising material etc. or any other material used or intended to be used for labelling or packaging or for advertising any goods or services;
F. The Defendant Nos. 2 and 3 affirm that they will refrain from using, or attempting to use, or asserting any right to use, or claiming proprietorship, or applying to register any mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade marks.
G. The Defendant Nos. 2 and 3 affirm that they have already stopped trading whether directly or indirectly in all finished and/or unfinished counterfeit products and/or any packaging, labelling, marketing, promotional and advertising materials and/or any other goods or materials whatsoever, bearing the Plaintiffs’ earlier trade marks or any other mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade mark, from the physical and online marketplace;
H. The Defendant Nos. 2 and 3 affirm before this Hon'ble Court that they have disclosed all information pertaining to the manufacture/ procurement/ sale of the counterfeit products under the marks FILMTEC®, , DUPONT and DUPONT OVAL
LOGO/ ® and/or the trade dress of the Plaintiffs, and undertake to cooperate with the Plaintiffs in identifying the source of the counterfeit products of the Plaintiffs in the future to the best of its ability. In case it is found by the Plaintiffs in the future that the Nos. 2 and 3 have participated in any other transaction pertaining to the procurement/ purchase/ manufacture/ import/ export or sale of the aforementioned counterfeit products which has not been disclosed to the Plaintiffs as on the date of this application, the Plaintiffs reserves its right to take further action against the Defendant Nos. 2 and 3 under law;
I. The Defendant Nos. 2 and 3 hereby agree and undertake that all goods, packaging material, labels, promotional materials, and/or
CS(COMM) 653/2022
Page 7 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
any other counterfeit/ infringing articles bearing the Plaintiffs’ registered trademarks and/or any deceptively similar marks, which were seized from the Defendant Nos. 2 and 3’s premises during the local commission proceedings conducted on September 28, 2022 and which are currently in the custody of the Plaintiffs, may be destroyed by the Plaintiffs at their own cost, without any further notice or reference to the Defendant Nos. 2 and 3. The Defendant Nos. 2 and 3 confirms that it has no objection to such destruction and waives any and all claims or rights in respect of the said goods.
J. The Defendant Nos. 2 and 3 agree that, in the event of a breach of any term of the present Settlement Application, as outlined herein, the Plaintiffs shall be at liberty to initiate any and all appropriate actions. The Plaintiffs will also be entitled to claim damages, including liquidated damages, from the Defendant Nos. 2 and 3. This is without prejudice to any other claims the Plaintiffs may have against Defendant Nos. 2 and 3 under the law, including, but not limited to , filing a petition for contempt;
K. The Defendant Nos. 2 and 3 undertake to comply with and suffer a decree of permanent and mandatory injunction in accordance with the terms of the settlement described above;
L. In view of the above undertakings given by the Defendant Nos. 2 and 3 to this Hon’ble Court, the Plaintiffs agree to forego the claim for damages in the present suit; ”
CS(COMM) 653/2022
CS(COMM) 653/2022
Page 8 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
the Plaintiffs and Defendant Nos. 1, 2 and 3 as mentioned above in the Order. Let the Decree Sheet be drawn up accordingly.
TEJAS KARIA, J
DECEMBER 5, 2025
ap
CS(COMM) 653/2022
Page 9 of 9
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 11:51:56
1 issue framed by the court
Whether the suit should be decreed in terms of joint settlement applications under Order XXIII Rule 3 CPC between the Plaintiffs and Defendant Nos. 1, 2 and 3.
2 provisions across 1 enactments
Filmtec Corporation & Anr.
Anil Kumar Ashok Bhaivaswani owner at Messrs Jal Blue Impex
Defendant Nos. 2 and 3
Tejas Karia
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
