JUDGMENT

C .Hari Shankar, J. -

IA 2508/2021 (Order XXIII Rule 3 CPC) and CS(COMM) 166/2020

1. This is a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, for decreeing the suit as per the terms of the settlement, which have been arrived at between the parties. The terms of the settlement, as contained in para 2 of the application, may be reproduced.

Choice Blue" trademarks and labels, as stipulated under Paragraph 8 of the Plaint, and that the Plaintiff is also the owner of the copyright in the labels bearing the "Officer's Choice" and "Officer's Choice Blue" trademarks.

b. Subsequent to the filing of the present suit the Defendant undertakes before this Hon'ble Court that it will cease the use of the label/trade dress/ mark as shown below:-

(Hereinafter collectively may also be referred to as the impugned label/trade dress) for all of their goods.

c. The Defendant shall not use in any manner whatsoever the impugned label/trade dress/any mark which is identical/deceptively similar to the Plaintiff's trademarks, "Officer's Choice", "Officer's Choice Blue" and "Choice" as set out in the Plaint, and/or pass off the Plaintiffs goods as their own.

d. The Defenda