Back
C. HARI SHANKAR
Novartis Ag – Appellant
Versus
Novaegis (India) Private Limited – Respondent
ORDER (Oral)
CS(COMM) 86/2023 & I.A. 3659/2023
1. The plaintiff, in the present suit, alleged infringement, by the defendant, of the [IMG] registered trademark of the plaintiff by use of the defendant's [IMG].
2. By order dated 20th February 2023, ad interim interlocutory reliefs were granted by this Court. While issuing summons in the suit and notice in the application filed by the plaintiff in I.A. 3130/2023 filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
3. Subsequently, the parties have arrived at an amicable resolution of the dispute between them. They have placed on record an undertaking dated 24th February 2023, signed by Mr. Chauhan Mohmad Moshin, director of the defendant, whereby the defendant has agreed to suffer a decree of injunction in terms of prayers b to d in para 47 of the plaint and to undertake as under:
1. "The Defendant acknowledges the intellectual property rights of the Plaintiffs in the trade mark/trade name NOVARTIS, as well as the exclusive right of the Plaintiffs to use the said mark as a trade mark/trade name/house mark/corporate name in relation to its goods and services.
2. The Defendant further unde
The court held that the plaintiff has made out a prima facie case of infringement and granted an ad interim injunction restraining the defendant from using the mark NOVAEGIS or [IMG] in any form or m....
The court upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
Intellectual Property - Infringement of registered trade mark - Modify interim order - Subject to defendants filing an undertaking of their directors to abide by terms and conditions of undertaking a....
Trademark acknowledgment and the avoidance of misuse are crucial in trademark disputes; costs for unnecessary litigation may be imposed to deter vexatious claims.
Mutual agreement between parties led to the cessation of trademark infringement and settlement terms binding on all parties involved.
The court upheld the exclusive ownership of registered trademarks and granted a permanent injunction to prevent infringement and passing off of goods.
The court issued a permanent injunction restraining the defendant from using the plaintiff's trademark and ordered the defendant to change its company name based on the defendant's undertaking.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
