Interim applications in an IP infringement suit disposed of after the defendant undertook in open court to stop using, marketing and selling the infringed products. The application to combine causes of action was allowed. Parties exploring settlement; matter posted for reporting settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.A. Nos.128 & 129 of 2024 and A.No.1028 of 2024 in C.S. (Comm.Div.) No.38 of 2024 ABDUL QUDDHOSE, J.
Learned counsel for the respondent/defendant would submit in the
presence of his client in the open Court today that the respondent/defendant
has stopped using the infringed product. He would also submit that the respondent/defendant is willing to give an undertaking that in future as well the respondent/defendant shall not market and sell the infringed products of the applicant/plaintiff.
2.Since an undertaking has been given by the respondent/defendant and after recording the said undertaking, the interim applications in A. Nos.128 and 129 of 2024 are disposed of in terms of the undertaking given by the respondent/defendant, who is present in the open Court today.
3.This Court is satisfied with the reasons stated in the affidavit filed
in support of application A.No.1028 of 2024, which has been filed by the applicant/plaintiff seeking permission of this Court to combine the cause of action.
ABDUL QUDDHOSE, J.
ab
4.The learned counsel for the respondent/defendant has not raised any
serious objection for allowing Application No.1028 of 2024.
5.Accordingly, A.No.1028 of 2024 is allowed as prayed for.
6.The parties are exploring the possibility of settlement. Learned counsel for the applicant/plaintiff seeks for a short accommodation for reporting settlement. The respondent/defendant is directed to appear before this Court on the next date of hearing.
22.03.2024
ab
Note: Post the suit for reporting settlement on 26.03.2024
O.A. Nos.128 & 129 of 2024 and A.No.1028 of 2024 in C.S. (Comm.Div.) No.38 of 2024
2 issues framed by the court
Whether the interim applications can be disposed of on the respondent's undertaking to stop marketing the infringed products
Whether the plaintiff may combine causes of action under A.No.1028 of 2024
Applicant/Plaintiff
Respondent/Defendant
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
