Pepsico Inc & Anr vs Runa Food Products & Ors
2015 Latest Caselaw 8726 Del

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1961/2015 & IA No.1961/2015
       PEPSICO INC & ANR                           ..... Plaintiffs
                      Through : Mr. Dheeraj Nair, Advocate

                         versus

       RUNA FOOD PRODUCTS & ORS                        ..... Defendants
                     Through : None.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 23.11.2015

1. The defendants No.1 to 3 have been duly served with summons

in the suit. However, none is present on their behalf.

2. Counsel for the plaintiffs states that the defendants have directly

contacted the plaintiffs, through counsel, and acknowledged the rights

of the plaintiffs in the trademark/logo/packaging "KURKURE" along

with the variants and have agreed not to challenge the said trademark

or use the same in future. They have also agreed to destroy the

packets/products bearing the mark „KURKURI‟ seized by the Local

Commissioner appointed by this Court, vide order dated 13.7.2015.

3. Counsel for the plaintiffs states that the undertaking on the

aforesaid lines was made by the defendants to the plaintiffs as

contained in the letter dated 5.11.2015, a copy whereof has been

enclosed with the plaintiffs‟ affidavit dated 19.11.2015 and marked as

Annexure-P-1. In view of the undertakings and the assurances given

by the defendants, as recorded in the letter dated 5.11.2015

addressed to the plaintiffs, counsel for the plaintiffs states on

instructions that the plaintiffs wish to give up the relief of damages

and requests that the suit may be disposed of.

5. Accordingly, the aforesaid affidavit and its enclosure are taken

on record and the suit is disposed of, along with the pending

application.

6. Needless to state that if the plaintiffs are aggrieved by any

infringing activity of the defendants in the future, they shall be entitled

to seek their remedies in accordance with law.

HIMA KOHLI, J NOVEMBER 23, 2015 sk/rkb