Kluster Llc & Anr. v. Mr. Deval Ravindrabhai Bambhaniya & Ors.
Case brief
What is this about?
KLUSTER trade mark infringement passing off settlement decree; trade dress / product packaging / label copyright; Delhi High Court commercial suit CS(COMM) 1045/2024; order dated 08.05.2026 by Justice Tejas Karia; settlement under Order XXIII Rule 3 read with Section 151 CPC; decree qua Defendant Nos. 14, 25 and 26; damages and legal cost Rs. 10,000/- and Rs. 7,000/-; undertakings to refrain from use of deceptively similar marks and copyright infringement; earlier settlements with Defendant Nos. 1-5, 11, 33, 57, 65, 69, 72; notify-and-takedown arrangement with Defendant No. 7 with two-week objection window; Suit and pending applications disposed of; Joint Registrar (Judicial) date 27.08.2026 cancelled.
What did the court decide?
Settlement application allowed; Suit decreed in favour of Plaintiffs qua Defendant Nos. 14, 25 and 26 in terms of the Terms of Settlement: Defendants acknowledged Plaintiffs' proprietorship of the KLUSTER mark and creatorship of the packaging/trade dress/label work; undertook to refrain from manufacturing, selling, advertising or otherwise dealing in or using any product bearing the KLUSTER mark or any deceptively similar mark; undertook not to use Plaintiffs' trade dress/packaging/label or anything identical or confusingly similar; undertook not to reproduce or exploit Plaintiffs' copyrighted label/works; undertook never to adopt, use, file or assert any right in such marks/labels/packaging; and paid damages and legal cost (Rs. 10,000/- by Defendant Nos. 14 and 25; Rs. 7,000/- by Defendant No. 26). Notify-and-takedown arrangement ordered with Defendant No. 7. Suit and all pending Applications disposed of; 27.08.2026 Joint Registrar (Judicial) date cancelled.