Exxon Mobil Corporation & Anr vs Mr Siva Kumar Mekala ...
2015 Latest Caselaw 8755 Del

$~43
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2457/2015 & IA No.16885/2015
       EXXON MOBIL CORPORATION & ANR             ..... Plaintiffs
                     Through : Mr. Sumit Wadhwa, Advocate

                           versus

       MR SIVA KUMAR MEKALA VENKATANAGAANJANI & ANR
                                                   ..... Defendants
                     Through : Mr. Anish R. Shah, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 24.11.2015

1. On 10.9.2015, counsel for the defendants had stated that his

clients would file an affidavit undertaking inter alia that they would not

use the trademark "EXXONE" or any other trademark/trading

style/domain name identical or deceptively similar to the plaintiffs' well

known trademark "EXXON". Pursuant thereto, an affidavit dated

7.11.2015 has been filed by the defendant No.1, Director of the

defendant No.2 company, stating inter alia that beginning 1.11.2015,

the defendants will cease the use of the word "EXXONE" or any other

word that is deceptively similar to the plaintiffs' registered trademark

"EXXON" as their trademark/trading style/domain name/e-mail

address or in any manner whatsoever.

2. Counsel for the defendants clarifies that though it has been

stated in para 5 of the affidavit that the defendants reserve their right

to use the trademark "EXXONE" in the future, he has received specific

instruction from his clients that they wish to drop the said para from

the affidavit.

3. In view of the aforesaid submission, counsel for the plaintiffs

states that he has no objection to the aforesaid affidavit being taken

on record and in lieu of the undertakings given by the defendants in

the affidavit, the plaintiffs proposes to give up the relief of damages/

compensation claimed against them.

4. Accordingly, the affidavit is taken on record. The defendants

shall remain bound by the terms and conditions recorded therein and

immediately upon applying to the ROC for change of the corporate

name, the defendants shall furnish a copy of the said application to

the plaintiffs within one week therefrom.

5. The suit is decreed in terms of prayers (A), (B) & (C) of the

plaint. Decree sheet be drawn up accordingly.

6. The suit is disposed of, along with the pending application, while

leaving the parties to bear their own expenses.

HIMA KOHLI, J NOVEMBER 24, 2015 sk