Delhi High Court
Shamrock Geoscience Ltd & Anr. vs Kaba Infratech Pvt Ltd & Anr. on 1 February, 2023
Neutral Citation Number: 2023/DHC/000685
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 22/2023
SHAMROCK GEOSCIENCE LTD & ANR. ..... Appellants
Through: Mr.Sagar Chanrda, Advocate with
Ms.Srijan Uppal, Ms.Mehek Dua and
Mr.KPS Virk, Advocates.
versus
TIMAB NL B.V. ..... Respondent
Through: Mr.Chander M. Lall, Sr.Advocate
with Mr.Kapil Wadhwa, Ms.Tejasvini
Puri and Ms.Ananya Chugh,
Advocates.
+ FAO(OS) (COMM) 23/2023
SHAMROCK GEOSCIENCE LTD & ANR. ..... Appellants
Through: Mr.Sagar Chanrda, Advocate with
Ms.Srijan Uppal, Ms.Mehek Due and
Mr.KPS Virk, Advocates.
versus
KABA INFRATECH PVT LTD & ANR. ..... Respondents
Through: Mr.Chander Lall, Sr.Advocate with
Mr.Kapil Wadhwa, Ms.Tejasvini Puri
and Ms.Ananya Chugh, Advocates.
% Date of Decision: 01st February, 2023
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.02.2023
19:50:21 FAO(OS)(COMM) Nos.22&23/2023 Page 1 of 3
Neutral Citation Number: 2023/DHC/000685
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
CAVEAT No.69/2023 in FAO(OS)(COMM) 23/2023
Since appearance has been entered upon on behalf of the respondents,
the caveat stands discharged.
FAO(OS) (COMM) 22/2023 & C.M.No.4383/2023
FAO(OS) (COMM) 23/2023 & C.M.No.4387/2023
1. After some arguments, learned counsel for the appellants (Shamrock
GeoScience Ltd./Mr. Andreas Korytowski) states that pursuant to the
interim order dated 06th October, 2022, the appellants have changed the
trademark of their product from 'GeoCrete' to 'Alpave'.
2. He further states that the appellants shall withdraw their Trademark
Registration for the mark 'GeoCrete' bearing TM No.3392787 for goods
falling under Class-1 and withdraw all pending applications for the brand
'GeoCrete' including but not limited to TM 5025563, 5025564 and
5025565 before the Trademarks Registry within a period of four weeks.
3. He also states that the appellants shall neither apply for registration of
the mark 'GeoCrete' and/or claim any rights in the said Trademark nor
shall the appellants oppose any trademark applications for the brand
'GeoCrete' filed by the respondents before the Trademarks Registry.
4. Learned senior counsel for the respondents (Timab NL B.V./Kaba
Infratech Pvt. Ltd.) states that the respondents have no objection to the
aforesaid statements and assurances being accepted by this Court.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.02.2023
Neutral Citation Number: 2023/DHC/000685
5. The aforesaid statements, assurances and undertakings given by
learned counsel for the parties are accepted by this Court and the parties are
held bound by the same.
6. During the course of hearing, both the parties raised an issue qua
technical know-how/technology of the products sold under the mark
'GeoCrete'. However, as this is a pure trademark dispute, this Court is not
commenting on the claims and counter-claims of both parties with respect
to the technical know-how/technology of the product and/or its approval.
The parties are free to take their remedies with respect to the said issue in
an appropriate proceeding as they deem fit and appropriate. The rights and
contentions of all the parties in this regard are left open.
7. Accordingly, with consent of the parties, the present appeals as well
as the suits and all pending applications in CS(COMM) No.324/2021 and
308/2021 pending before the learned Single Judge are disposed of in terms
of the aforesaid statements. As a token of acceptance of order passed
today, learned counsel for the parties shall sign the order sheet.
8. Registry is directed to prepare decree sheets accordingly.
MANMOHAN, J
SAURABH BANERJEE, J
FEBRUARY 1, 2023
KA
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.02.2023
