Disposed

Shivani Arora v. Deepak Nijhawan & Anr.

Delhi HC10 Jan 2025CS(COMM)/994/2024

Case brief

AI extract

What is this about?

Commercial suit over the NEXTGEN brand settled out of court. Defendants agreed to pay a fixed sum, assign the brand to the plaintiff, adopt new packaging, withdraw cancellation proceedings before the Trade Marks Registry, and forgo future litigation. Suit disposed in terms of settlement with full court fee refund directed.

What the court decided

AI extract

Shivani Arora Vs Deepak Nijhawan & Anr. — Intellectual Property | Delhi HC (2025)

¶1

$~17

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 994/2024 & CAV 548/2024, I.A. 44541/2024, I.A. 44542/2024, I.A. 44543/2024, I.A. 44544/2024, I.A. 44545/2024, I.A. 44546/2024, I.A. 48100/2024

¶4

SHIVANI ARORA .....Plaintiff Through: Mr. Sachin Gupta, Mr. Rohit Pradhan, Ms. Prashansa Singh, Mr. Ajay Kumar, Mr. Adarsh Aggarwal, Ms. Archana, Advocates (M:9811180270) versus

¶5

DEEPAK NIJHAWAN & ANR. .....Defendants Through: Mr. Vidit Gupta, Advocate for D-1, along with D-1 in person (M:9910995511)

¶6

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶7

O R D E R % 10.01.2025

¶8

Learned counsels for both the parties jointly submit that though the matter could not be settled before the Mediation Centre, however, the parties have settled the matter out of the Court.

¶9

Learned counsel appearing for the plaintiff has handed over a copy of the settlement between the parties in Hindi, as well as with English translation.

¶10

Learned counsel for the defendants confirms the terms of settlement and submits that the matter can be disposed of on these terms.

¶11

Likewise, learned counsel for the plaintiff also submits that the matter be disposed of in terms of the settlement between the parties.

¶12

The documents handed over before this Court, are taken on record.

¶13

Page 1 of 4

¶14

CS(COMM) 994/2024

¶15

This is a digitally signed order.

¶16

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 24/01/2025 at 13:02:25

¶17

As per the documents handed over before this Court, the parties have mutually agreed to the following terms:

¶18

I. Deepak Nijhawan will pay an amount of Rs. 12,48,721/- by 30^th April 2025 to Shivani Ji.

¶19

II. The Brand NEXTGEN and its logo will belong to Shivani Ji. Deepak Ji will sell the current stock of the same brand until 31^st May 2025.

¶20

III. Deepak Ji has created a new brand called “NxtEra” and Shivani Ji has no objections to it.

¶21

IV. In the future, Deepak Ji will not use the brand name “NextGen” or as a corporate name.

¶22

V. Deepak Ji can bill the products of “NextGen Mobile Innovate” until 31^st March 2025. After this, he will create his own firm.

¶23

VI. Both parties have agreed that, from today onward, neither will file any complaint in the police, court, or Trade Marks Office regarding the disputes between them. Both parties will not pursue any legal proceedings against each other in the future.

¶24

VII. The amount decided above is the full and final settlement.

¶25

VIII. Both parties will not interfere in each other’s work in the future.

¶26

Both the parties are held bound by the terms and conditions of the aforesaid settlement.

¶27

Learned counsel for the plaintiff has also handed over documents showing packaging of the plaintiff as well as the defendants. He submits that the packaging adopted by the defendants is deceptively similar to the packaging of the plaintiff. The same is reproduced as under:

¶28

Page 2 of 4

¶29

CS(COMM) 994/2024

¶30

This is a digitally signed order.

¶31

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 24/01/2025 at 13:02:25

¶32

Packaging of the plaintiff :

¶33

Packaging of the defendants :

¶34

Page 3 of 4

¶35

CS(COMM) 994/2024

¶36

This is a digitally signed order.

¶37

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 24/01/2025 at 13:02:25

¶38

Learned counsel for the defendants, upon instructions, submits that the outer packaging of the product shall be changed and he shall adopt a different color combination, which shall not be identical or deceptively similar to the packaging of the plaintiff.

¶39

The defendants are held bound by the aforesaid statement.

¶40

Learned counsel for the defendants also undertakes that the cancellation petition for the mark of the plaintiff that has been filed by the defendants, shall be withdrawn.

¶41

Accordingly, it is directed that as and when requisite applications for withdrawal of the applications pending before the Trade Marks Registry are filed by the defendants, expeditious steps shall be taken by the Registry.

¶42

Let decree sheet be drawn up in the aforesaid terms.

¶43

Learned counsel for the plaintiff submits that since the parties have settled the matter, Court Fees be refunded.

¶44

Considering the fact that the parties have settled the matter, direction is issued to the Registry of this Court to issue a certificate of Refund of Full Court Fees to the plaintiff.

¶45

Accordingly, the present suit, along with pending applications, stands disposed of.

¶46

MINI PUSHKARNA, J

¶47

JANUARY 10, 2025 au

¶48

Page 4 of 4

¶49

CS(COMM) 994/2024

¶50

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 24/01/2025 at 13:02:25

Shivani Arora v. Deepak Nijhawan & Anr.

Case brief

What is this about?

What the court decided

Shivani Arora v. Deepak Nijhawan & Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Aditya Birla Fashion and Retail Limited Vs Friends Inc. & Anr.

M/S Brandavan Food Products Vs Capital Equipment India

M/S R. K. Associates and Hoteliers Pvt. Ltd. Vs Capital Equipment India

M/S Agv Alfab Limited Vs M/S Realtech Construction Pvt. Ltd. & Ors.

M/S. Rspl Limited Vs Ram Nagar Khadi Gramodyog Vikash Samiti & Anr.

Diamond Comics Pvt. Ltd. Vs Sh. Pran Kumar Sharma & Anr.

Opella Healthcare Group Sas & Anr. Vs Aaeris Lifecare Pvt. Ltd. & Ors.

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. Vs M/S. Srmj Business Promoters Pvt. Ltd. & Anr.

Aditya Birla Fashion and Retail Limited Vs Friends Inc. & Anr.

Rpg Enterprises Limited Vs Rpg Industrial Products Pvt. Ltd.

Diamond Modular Pvt. Ltd. Vs Yash Arora as Trading as Siddhi Vinayak Traders and Anr.

Vikram Kumar Vs Union of India

Moti Mahal Delux Management Services Pvt. Ltd. & Ors. Vs M/S. Srmj Business Promoters Pvt. Ltd. & Anr.

Professional Fighters League, Llc, a Delaware Limited Liability Company Vs the Registrar of Trade Marks & Anr.