Dharampal Satyapal Foods Limited vs Annapurna Swadisht Limited
2023 Latest Caselaw 661 Del

                                        Neutral Citation Number : 2023/DHC/001493

                   $~23
                   *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                   +       CS(COMM) 866/2022 & I.A. 21114/2022, I.A. 21115/2022,
                           I.A. 3767/2023
                           DHARAMPAL SATYAPAL FOODS LIMITED ..... Plaintiff
                                       Through: Mr. Pravin Anand, Ms. Vaishali
                                       Mittal, Mr. Siddhant Chamola and Mr.
                                       Shivang Sharma, Advs.

                                                  versus

                           ANNAPURNA SWADISHT LIMITED         ..... Defendant
                                       Through: Mr. A.K.Goel, Adv.

                           CORAM:
                           HON'BLE MR. JUSTICE C. HARI SHANKAR
                                              JUDGMENT (ORAL)

% 24.02.2023

I.A. 3767/2023 (under Order XXIII Rule 3 of the CPC)

1. The dispute between the parties stand settled.

2. IA 3767/2023 has been jointly filed by the parties seeking decreeing of the suit in terms of the settlement arrived at between them.

3. The terms of settlement, as set out in para 4 the application, read thus:

a. The Defendant herein hereby acknowledges and recognize the Plaintiff's sole and exclusive proprietary rights in the Plaintiff's following trademarks, which rights the Defendant do not and shall not contest. An illustrative list of some of the Plaintiff's registrations and applications for the said trademarks in India, wherein the Plaintiff's sole and exclusive proprietary rights are recognized by the Defendant herein, is given herein below:

Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46 Neutral Citation Number : 2023/DHC/001493 Trademark/ Date of Application Trademark Class User Applicatio Status No. Date n Registered 01.04.20 2827909 30 16.10.2014

Registered 3071704 30 01.04.20 07.10.2015

Registered 3071705 30 01.04.20 07.10.2015

Registered

3103619 30 01.04.20 23.11.2015

Registered 3854008 30 01.04.20 07.06.2018

Registered 01.04.20 3854009 30 07.06.2018

Registered PULSE 3854010 30 01.04.20 07.06.2018 SHOTS

PULSE 01.10.20 Registered 3188874 32 17.02.2016

PULSE 01.04.20 Registered 3364213 32 16.09.2016

Proposed Registered 4232029 PULSE 30 to be 11.07.2019 used Proposed Registered 4232028 PULSE 29 to be 11.07.2019 used

Registered 01.04.20 4232022 30 11.07.2019

KACHHA AAM Pending 2891666 30 01.04.20 29.01.2015

Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46 Neutral Citation Number : 2023/DHC/001493 b. The Defendant hereby acknowledges and recognizes the Plaintiff's sole and exclusive rights contained in PULSE,

, , , ,

, and/or its variants, which constitute a significant part of the trade-dress pertaining to its candies under the mark PULSE. The Defendants further agree and undertake not to contest the Plaintiff's abovementioned sole and exclusive rights at any point of time in the future.

c. The Defendant hereby acknowledges and recognizes the Plaintiff's sole and exclusive rights contained in the get up, color

combination, overall layout of the cartons, , and

packaging , and

and/or its variants, which constitute a significant part of the trade-dress pertaining to its candies under the trademark PULSE. The Defendant further agree and undertake not to contest the Plaintiff's abovementioned sole and exclusive rights at any point of time in the future.

d. The Defendant hereby acknowledges that the Plaintiff is the holder of the copyright in the artistic work in the PULSE labels

inter alia , and .

Further, the Defendant acknowledges that the Plaintiff has the sole right to commercialize the products under the said artistic label.

e. The Defendant further shall not contest for (i.e. shall not raise opposition against, shall file an application for rectification

Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46 Neutral Citation Number : 2023/DHC/001493 and/or invalidation and/or cancellation of etc.) any trademark applications or registrations filed for or secured by the Plaintiff at any point of time in present or in future.

f. The Defendants further hereby acknowledge that the Plaintiff is the proprietor of the trademark PULSE and the trade

dress , and including

the carton packaging , and the Plaintiff has worldwide reputation and goodwill in the same.

g. The Defendant hereby agree and undertake before this Hon'ble Court that they will not, at any time in the future, manufacture, use sell, offer for sale, distribute, issue to the public, advertise for sale, import of export any goods bearing the

trademark PLUSS, , , and use any other trademark which is similar to the Plaintiff's well-known PULSE trademarks and its trade dress, and/or use the same or any other deceptively similar or identical marks, color combination, get-up and/or a combination thereof in any manner, amounting to passing off of the Plaintiff's intellectual property rights.

h. The Defendant hereby undertake and assure that since 15 December 2022, they have restrained themselves from manufacturing, using, offering for sale, distributing, issuing to the public, advertising, selling, importing or exporting any goods bearing the trademark PLUSS, and trade

Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46 Neutral Citation Number : 2023/DHC/001493

dress , and have not used any mark which is similar to the Plaintiff's well-known PULSE trademarks and trade dress and/or use the same or any other deceptively similar or identical marks, color combination, get-up and/or a combination thereof in any manner, amounting to infringement and passing off of the Plaintiff's intellectual property rights.

i. The Defendant further undertakes to withdraw trademark application no. 5510646 and/or any trademark application(s), if already filed within two weeks, and/or undertake not to file any trademark application which is identical or deceptively similar to and/or nearly resembling the Plaintiff's well known and registered PULSE trademarks and name, trade dress, or any trademark and name confusingly similar thereto in any manner whatsoever, including but not limited to a mark, company name, firm name, domain name, if any registered or otherwise, including in purchased keywords, meta tags and meta data. In case the Defendant has purchased any domain name which is identical or deceptively similar to and/or resembling the Plaintiff's well known and registered PULSE trademarks, the Defendant undertake to transfer the said domain name in favour of the Plaintiff.

j. The Defendant has already destroyed all the finished as well as unfinished packing material, labels under the trademark PLUSS and undertakes that it has no such material in its possession. In light of the aforementioned statements, the Defendant clarify that pursuant to December 15, 2022, no fresh manufacture or supply of finished products under the mark 'PLUSS' has been made or will be made in future by them.

k. The Defendant hereby undertakes that they will send a declaration to all their associates, distributors, retailers, and other commercial outlets that they have ceased making sale and/or promotion of their goods under the PLUSS trademarks &trade dress and that they are not associated with Dharampal Satyapal Foods Limited.Upon successful receipt of the declaration, the Defendant shall provide the proof of the same to the counsels for the Plaintiff.

l. The Defendant hereby agree and undertake to pay INR 15,00,000/- (INR Fifteen Lacs Only), as and by way of token damages as agreed between the parties which shall be paid by the Defendant in the name of Plaintiff (Dharampal Satyapal Foods Limited)by way of Demand Draft payable at New Delhi and shall be producing the said Demand Draft before this Hon'ble Court at the time of submitting the present application."

Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46 Neutral Citation Number : 2023/DHC/001493

4. Learned Counsel for the parties undertake, on behalf of their respective client, to remain bound by the terms of the aforesaid settlement.

5. In view thereof, nothing survives for adjudication in the suit.

6. The suit is accordingly decreed in terms of aforenoted settlement agreement and the terms of settlement which stand reproduced hereinabove.

7. The parties shall remain bound by the terms of settlement.

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.

10. The court records the fact that ₹ 15 lakhs, in terms of clause (1) of the terms of settlement, stands paid today by learned Counsel for the defendant to learned Counsel for the plaintiff.

11. The next date of hearing i.e., 2nd March 2023, fixed before the Joint Registrar stands cancelled.

12. Pending applications, if any, also stand disposed of.

C. HARI SHANKAR, J.

FEBRUARY 24, 2023 dsn Signature Not Verified

Digitally Signed By:SUNIL SINGH NEGI Signing Date:01.03.2023 17:45:46