Oktatbyebye.Com vs Tata Sons Limited And Ors
2015 Latest Caselaw 5410 Del

$~4.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1753/2009
       OKTATBYEBYE.COM                          ..... Plaintiff
                     Through: Ms. Nancy Roy, Advocate

                         versus

       TATA SONS LIMITED & ORS                    ..... Defendants
                      Through: Mr. Pravin Anand, Advocate with
                      Mr. Achuthan Sreekumar and Mr. Karan
                      Kamra, Advocates

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 29.07.2015

I.A. 15050/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have arrived at a

settlement in terms whereof, the plaintiff has acknowledged the

defendant No.1 to be the proprietor of the trademark, "TATA" and in

turn, the defendant No.1 has acknowledged that the plaintiff is the

current owner of the domain name, www.oktatabyebye.com, subject

to the said domain name being used in the manner as stipulated in

para 3 of the application. The plaintiff has confirmed that it has

changed its old logo and the new logo that they are using has been

depicted in page 8 of the present application. The remaining terms

and conditions of the settlement have been set out in paras 4 to 10 of

the application.

2. In view of the undertakings given by the parties to each other,

learned counsels state that the suit may be disposed of.

3. The Court has perused the present application. The same has

been signed by the authorised signatories of the plaintiff and the

defendant No.1 and their respective counsels and the same is

supported by the affidavits of the signatories to the application.

4. As counsels for the parties jointly state that their clients have

arrived at the aforesaid settlement of their own free will and volition

and without any undue influence or coercion from any quarters, there

appears no legal impediment in accepting the said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application. The suit is decreed in terms of

the settlement recorded in the application.

5. The application is allowed. The suit is disposed of alongwith the

pending applications and the Chamber Appeal, while leaving the

parties to bear their own expenses.

HIMA KOHLI, J JULY 29, 2015 rkb/ap