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SURESH KUMAR KAIT
Tata Sons Private Limited – Appellant
Versus
Sunil Keshavji Tataria – Respondent
JUDGMENT
(Oral)
1. The present suit has been filed by the plaintiff seeking permanent injunction restraining infringement of registered trade mark, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts, delivery up in respect of plaintiff’s registered trade mark.
2. The defendants are engaged in the manufacture and sale of adult diapers and underpads which bear the infringing mark / logo .
3. In 2020, counsel for plaintiff received information regarding defendants’ adult diapers and underpads being sold under the trade mark and the infringing mark /logo and deputed independent investigator, who conducted investigation and found that defendants were engaged in the business through domain / website www.tatariahygiene.com, which amounted to misappropriation of plaintiff’s trade mark “TATA”.
4. During pendency of the suit, vide order dated 16.02.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for parties to explore possibility of settlement through mediation.
5. Learned counsel for the parties have informed this Court that the subject matter of the suit has been amicably resolved in terms of Settlement Agreement dated 03.08.20
The court applied the Settlement Agreement dated 03.08.2021 and found it to be valid and lawful, decreeing the suit in terms of the agreement. The plaintiff was also entitled to a refund of entire co....
The court confirmed the validity of a mediated Settlement Agreement resolving trademark infringement, establishing entitlement to court fee refund under precedent cases.
A settlement agreement reached by parties in trademark disputes is valid and can lead to a decree in its terms, including the refund of court fees based on amicable resolution.
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
A valid Settlement Agreement reached through mediation can lead to a decree of the suit, and plaintiffs may be entitled to a refund of court fees when disputes are amicably resolved.
Parties may resolve disputes through a valid Settlement Agreement, which the court can incorporate into a decree, and the plaintiff may be entitled to a refund of court fees upon settlement.
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
Mutual settlement of disputes allows court to dispose of suits as per the Settlement Agreement and entitles plaintiffs to complete court fee refunds under established legal precedents.
The validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
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