Flamagas, S.A. & Anr. v. Rohit Ahuja
Case brief
What is this about?
Flamagas S.A. v. Rohit Ahuja | CLIPPER trade mark | consent decree under Order XXIII Rule 3 CPC | settlement terms para 4(i)-(vi) | acknowledgement of trade mark rights | undertaking Class 34 non-registration | disclosure of third-party infringers | destruction of goods seized by Local Commissioner raid 03.09.2021 | waiver of costs/damages | refund of court fees Section 16 Court Fees Act 1987 | Joint Registrar date 13.03.2026 cancelled | High Court of Delhi | CS(COMM) 386/2021 | I.A. 5094/2026 | Justice Tushar Rao Gedela | order dated 24.02.2026.
What did the court decide?
Suit decreed and disposed of by consent in terms of the settlement in para 4 of I.A. 5094/2026: Defendant acknowledges Plaintiffs' rights in trade mark 'CLIPPER'; undertakes to disclose third parties dealing in infringing products, not to seek registration of identical/deceptively similar marks for Class 34 goods, and never to challenge Plaintiffs' rights; to destroy goods seized by the Local Commissioner on 03.09.2021 within four weeks, with compliance affidavit within two weeks thereafter; both sides waive restitution/recovery of costs or damages; decree sheet to be drawn in terms of para 4; court fees to be refunded under Section 16 of the Court Fees Act, 1987; Joint Registrar date of 13.03.2026 cancelled.