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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J.
Ramesh Kumar Patel and Another - Petitioners
Versus
Goldmedal Electricals Pvt. Ltd. - Respondent
CRP-IPD 1 of 2022
And
Ramesh Kumar Patel Trading as Ms. Racer Industries - Appellant
Versus
Goldmedal Electricals Pvt. Ltd. - Respondent
FAO-IPD 49 of 2021, CM 77 of 2022 & CM Appl. 45514 of 2021, CRP-IPD 1 of 2022 and FAO-IPD 49 of 2021, CM 77 of 2022 & CM Appl. 45514 of 2021
Decided On : 01-05-2023
Settlement Agreement - Trademark Dispute - No specific act or section referenced
Fact of the Case:
The parties in the case reached a settlement agreement through mediation, resolving all disputes related to trademark rights and usage.
Finding of the Court:
The court found that the settlement agreement effectively resolved the disputes, and as a result, there was nothing further to adjudicate.
Issues: The main issue was the resolution of the trademark disputes between the parties.
Ratio Decidendi: The court's decision was based on the fact that the parties had voluntarily reached a settlement agreement, effectively resolving all disputes.
Final Decision: The petitions were withdrawn in accordance with the terms of the settlement agreement.
ORDER :
C. Hari Shankar, J.
The disputes between the parties in CRP-IPD 1/2022 and FAOIPD 49/2021 stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.
2. Settlement agreement dated 11th April 2023 is on record.
3. In the settlement agreement, the petitioner/appellant is referred to as the first party and the respondent is referred to as the second party.
4. The terms of settlement read thus:
2. The First Party admits and acknowledges rights of the Second Party in various Trade Mark registrations and Trade Mark applications of the Second Party in the mark GOLDMEDAL and G GOLDMEDAL and undertakes not to challenge the same directly or indirectly.
3. The First Party acknowledges rights of the Second Party in the artistic features/copyright of GOLDMEDAL and G GOLDMEDAL Label and undertakes not to challenge the same directly or indirectly.
4. The First Party undertakes not to use the mark MEDAL or any other mark/label/art work identical with or deceptively similar to the Second Party Trade Mark/label/art work GOLDMEDAL and G GOLDMEDAL. First Party also undertakes not to use the marks/label/art work GOLDMEDAL, REALMEDAL, MODEL, G MEDAL, SILVER MEDAL, MEDAL STAR as also any other MEDAL formative marks/label/art work which are identical with or confusingly similar to the mark/label/art work MEDAL or GOLDMEDAL.
5. The First Party undertakes to withdraw all Trade Mark applications filed in the Trade Mark Office for the mark MEDAL or other MEDAL formative Trade Marks or any other Trade Mark applications for the mark confusingly similar to the mark MEDAL and GOLDMEDAL filed for any of the goods in classes, within one week from the date of signing of this settlement terms. The list of various Trade Mark applications/registrations filed by the First Party and the copies of withdrawal letters dated 11.04.2023 of the First Party are being annexed herewith as Annexure-C and Annexure-D (Colly) respectively. The said list is not exhaustive. First Party also undertake to withdraw any other Trade Mark applications filed in Trade Mark Office involving the marks REALMEDAL, MODEL, G MEDAL, MEDAL STAR, SILVER MEDAL etc. wherein the mark MEDAL is forming an essential or distinguishing feature of the mark.
6. The First Party further agrees to withdraw cancellation petitions and opposition proceedings, within one week of signing of the present settlement terms, filed in the Trade Mark Office and in other forums against Plaintiffs/Respondent's mark GOLDMEDAL and G GOLDMEDAL. The list of such cancellation petitions and opposition proceedings against aforementioned Trade Marks and the withdrawal letters dated 11.04.2023 of the First Party are being annexed herewith as Annexure-E and Annexure-F (colly) respectively. The said list is not comprehensive. First Party undertakes to withdraw any other oppositions/rectifications filed against the Plaintiff/Respondent's mark GOLDMEDAL and G GOLDMEDAL.
7. The First Party undertakes to withdraw copyright application for the artistic work involving the mark MEDAL.
8. The Second Party has no objection in case the First Party uses the firm name/trading style as Medal Electricals. The said name will be used strictly as firm name/trade name and will never be used prominently.
9. The First Party has no objection in case suit pending in District Court, Delhi titled Goldmedal Electricals Pvt. Ltd. v. Ramesh Kumar Patel [CS (COMM) No. 590/2019] is decreed for permanent injunction in favour of the Second Party as per Para 30(a) (i) (ii) & (iii) of the plaint.
10. The First Party has no objection in case suit filed in District Court, Delhi [Suit No. CS (COMM) No. 365/2022] against M/s. Pari Enterprises and Geetha Electrical, associate firms of the First Party
Voluntary settlement agreements can effectively resolve disputes and lead to the withdrawal of legal petitions.
The central legal point established in the judgment is the lawfulness of the Settlement Agreement and the parties' undertaking to remain bound by its terms.
Settlement agreements reached through mediation can be decreed by the court, and parties are bound by the terms of the agreement, with defaulting parties being held liable for contempt of court.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Settlement agreements can effectively resolve disputes and render legal proceedings unnecessary for adjudication.
Settlement agreements under Order XXIII Rule 3 of the CPC can lead to the decree of suits and resolution of disputes, binding the parties to the terms of the agreement.
The main legal point established in the judgment is the binding nature of a settlement agreement reached between parties, which can lead to the court decreeing the suit in terms of the settlement and....
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
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