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2023 Supreme(Del) 2078

C. HARI SHANKAR
Rica S. P. A. – Appellant
Versus
Hiral Chem – Respondent


Advocates appeared:
Mr. Aayushmaan Gauba, Advocate, for the Plaintiff.
Mr. Anil Kumar Verma, Advocate, for the D-1 & 2.

ORDER (ORAL)

C. Hari Shankar, J.

1. The disputes between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre, vide settlement agreement dated 8th December 2022 executed between the Plaintiff and Defendants 1 and 2.

The terms of settlement are as under:

    "i. The Defendants above named hereby recognize the Plaintiff to be proprietor of the earlier and well - known trade mark "RICA"/"RICA (L)" and its formatives (hereinafter collectively referred to as "earlier and well known trade mark RICA") and the Plaintiff has the exclusive right to the use of the aforementioned trademark in respect of cosmetics and hair removal preparations.

    ii. The Defendants further acknowledge that all rights in law, equity or otherwise, in the Plaintiff's earlier and well - known trade mark RICA, vest exclusively with the Plaintiff alone, and further, the Defendants undertake to never to challenge the same anywhere in the world, including in India, for any goods/ services and/ or on any ground(s), whatsoever;

    iii. The Defendants undertake to refrain itself, its directors, partners, associates, assignees in business franchisees, licensees, distributors, dealers

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