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C. HARI SHANKAR
Birla Institute of Technology And Science, Pilani – Appellant
Versus
Maa Bhagwati Educational Society – Respondent
ORDER (Oral)
I.A. 5992/2023 (under Order XXIII Rule 3 of the CPC)
1. The dispute between the parties stands amicably resolved.
2. I.A. 5992/2023 has been jointly filed by the parties, seeking decreeing of the suit in terms of the settlement arrived at between them.
3. The terms of settlement may be reproduced thus:
"3. That the Plaintiff and the Defendants have arrived at a settlement under the terms and conditions mentioned hereinunder
(a) That the Defendants acknowledge the sole and exclusive statutory and common law rights of the Plaintiff in its trademark 'BITS'/'BITS PILANI' and other `BITS' formative trademarks of the Plaintiff, and undertake that they shall (collectively and/or severally) never offer any services/goods and/or advertise (print and/or electronic) under, adopt and/or use in any manner whatsoever, the impugned marks 'BITS GHAZIABAD'/[IMG]'BITS'/'BITS PILANI' and/or other 'BITS'-formative trademarks of the Plaintiff and/or any other trademark identical and/or deceptively similar to the Plaintiff's trademarks;
(b) That the Defendants agree and undertake that the Defendants, their trustees, directors, officers, agents, associates and all other acting for and on thei
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
The court upheld the legality and regularity of the settlement agreement, leading to the decree in terms of the agreement.
Settlement agreements can effectively resolve disputes in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
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.
Parties can resolve trademark disputes amicably through settlement, outlining mutual rights and obligations, which the court recognizes and enforces, avoiding litigation.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
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