2023 Supreme(Del) 581
C. HARI SHANKAR
Glaxo Group Limited – Appellant
Versus
Naresh Goel – Respondent
Advocates:
Advocate Appeared:
Mr. Dushyant K. Mahant, Adv., Mr. Amit Jain and Ms. Sreelakshmi Menon, Advs.
JUDGMENT :
C. Hari Shankar, J.
The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 18th April 2023 has been placed on record. The terms of settlement read thus:
“1. The Second Party acknowledge the First Party's right, title and interest in (i) the mark BETNESOL, (ii) variations of the mark BETNESOL, such as BETNESOL-N and BETNESOL FORTE, (iii) the silver-coloured aluminum strip packaging with red lettering that features a distinctive get-up and layout (as shown in Annexure-B), (iv) the outer box packaging with red stripes featuring a distinctive get-up and layout (as shown in Annexure-C), (v) the orange-coloured injection outer box packaging featuring a distinctive get-up and layout (as shown in Annexure-D) and (vi) the orange-coloured injection vial packaging featuring a distinctive get-up and layout (as shown in Annexure-E). The mark BETNESOL and variations of the mark BETNESOL referred to in paragraphs (l)(i) and (l)(ii) are hereinafter collectively referred to as the “the Plaintiffs Marks”, and the packaging referred to in paragraph l(iii), l(iv), l(v) and l(vi) is hereinaft
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