Delhi High Court
Emaar Properties Pjsc vs Address Infrastructures Private ... on 16 August, 2023
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 465/2022 & I.A. 10474/2022
EMAAR PROPERTIES PJSC ..... Plaintiff
Through: Mr. Dhruv Anand, Ms. Udita
Patro and Ms. Nimrat Singh, Advs.
versus
ADDRESS INFRASTRUCTURES PRIVATE LIMITED
..... Defendant
Through: Ms. Harsheen and Mr.
Chritarth, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (O R A L)
% 16.08.2023
1. The dispute between the parties stands settled with the
intervention of the Delhi High Court Mediation and Conciliation
Centre.
2. The settlement agreement dated 4 August 2023 is on record.
3. The terms of settlement agreement as contained in the
agreement read thus:
"i. The Defendant herein acknowledges the Plaintiff to be the
proprietor of the Trademarks as mentioned in paragraph 20 of the
Plaint;
ii. The Defendant undertakes to this Hon'ble Court that it will
not use the word 'ADDRESS' in the hospitality sector at any point
of time.
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:17.08.2023
17:58:17
iii. The Defendant undertakes that all advertisement and
promotional material in respect of its three existing projects would
henceforth bear the following names:
a. "The Address by Address Infra Group" at New Chandigarh,
Village Togan;
b. "Erina Address by Address Infra Group" at City Kharar;
and
c. "The Address Panipat by Address Infra Group" at Panipat,
Haryana.
iv. The Defendant also undertakes that the requirement under
Clause 6(iii) will be applicable in respect of any use or display of
the names of the said projects of the Defendant.
v. The Defendant further undertakes that for all future
projects, i.e. any other project other than the three projects enlisted
in Clause 6(iii), the Defendant will use the name 'ADDRESS
INFRA GROUP', instead of 'ADDRESS' or 'THE ADDRESS', for
any and all purposes and will not use the word 'ADDRESS' in
isolation.
vi. The Defendant undertakes, without admitting to the
similarities between the two competing logos, that it will modify
its existing logos / adopt logos, in the manner in which they are
represented hereinbelow:
The above logos shall be adopted by the Defendant immediately
upon obtaining clearance / approval from the competent
authorities.
vii. The Defendant also undertakes to file withdrawal
applications in respect of its pending Trademark Application No.
5123194 for 'THE ADDRESS' word mark in Class 36, and
Trademark Application No. 5123195 for 'THE ADDRESS' word
mark in Class 37 two weeks from the date of signing of the
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:17.08.2023
17:58:17
settlement agreement and agrees to have the suit disposed of upon
the Defendant furnishing proof of the same before the Hon'ble
Court.
viii. The undertakings given herein shall also be binding on all
the legal heirs, representatives and assigns-in-business of the
Defendant herein.
ix. Each party warrants and represents to the other with respect
to itself that it has the full right, power, and authority to execute,
deliver and perform this agreement."
4. The rival parties are represented by learned Counsel who
undertake, on behalf of their respective clients, to remain bound by the
terms of settlement.
5. The Court has perused the terms of settlement and finds them to
be lawful, legal and enforceable.
6. As such, nothing survives to be adjudicated in the suit.
7. The suit stands decreed in terms of the settlement agreement
dated 4 August 2023 by which the parties shall remain bound.
8. Let a decree sheet be drawn up by the Registry.
9. The plaintiff would be entitled to refund of court fees, if any,
deposited by it.
C.HARI SHANKAR, J
AUGUST 16, 2023
ar
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:17.08.2023
17:58:17
