Ram Roop Singh Trading as M/S Durga Trading Co. v. Girjesh Singh Trading as M/S Murli Trading Co.
Case brief
What is this about?
Compromise/consent decree recorded under Order XXIII Rule 3 CPC; Delhi High Court commercial suit CS(COMM) 667/2025 dated 12.12.2025; Justice Tejas Karia; trade dress/packaging/get-up infringement dispute over 'DEEPAK' silver foil leaves labels between Durga Trading Co. (Ram Roop Singh) and Murli Trading Co. (Girjesh Singh); settlement terms: acknowledgment of exclusive proprietary rights, discontinuation of impugned packaging, destruction of recalled stock within 15 days, removal of online listings within 48 hours, withdrawal of trade mark application no. 4368146 class 2 (MURLI SILVER LEAVES WITH DEVICE), waiver of costs/damages, full and final settlement; refund of court fee sought under Section 16 Court Fees Act 1870 with Section 89 CPC; suit decreed and disposed with pending IAs; Joint Registrar date 16.01.2026 cancelled.
What did the court decide?
Consent decree: the Suit was decreed in favour of the Plaintiff in terms of the recorded Terms of Settlement. Key undertakings by the Defendant: (i) acknowledgment of the Plaintiff's exclusive proprietary rights in the impugned packaging/trade dress/getup/artworks/labels of DEEPAK for Silver Foil Leaves, with no challenge to their validity; (ii) immediate discontinuation of manufacture/sale/advertisement under the impugned get-up (Document 'A'); (iii) adoption of revised packaging acceptable to the Plaintiff (Document 'C'); (iv) destruction of all unfinished goods and recalled materials bearing the impugned get-up within 15 days, in the presence of Plaintiff's counsels/representatives, without compensation, and disclosure of the batch number of the last manufactured goods; (v) removal of listings, posts, advertisements and displays bearing the impugned get-up from social media and promotional material, and requests for delisting from third-party e-commerce platforms, within 48 hours of the Defendant becoming aware; (vi) withdrawal of Trade Mark application 'MURLI SILVER LEAVES WITH DEVICE' under no. 4368146 in class 2 with documentary proof to the Plaintiff; (vii) waiver by the Plaintiff of costs/damages so long as the settlement is not breached, making the settlement full and final. The settlement terms also record the Defendant's no-objection and the Parties' joint request for refund of Court Fee under Section 16 of the Court Fees Act, 1870 read with Section 89 CPC 'if permissible in law'; the Court's order does not expressly pass a separate order granting that refund.