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2023 Supreme(Del) 2126

C. HARI SHANKAR
Globus Spirits Ltd. – Appellant
Versus
Wild Berries Bottling Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Amit Jain, Ms. Sheril Bhatia and Ms. Sreelakshmi Menon, Advocates, for the Plaintiff.
Ms. Ridhima Purohit and Mr. Saubhagya Agarwal, Advocates, for the Defendant.

ORDER (Oral)

1. This dispute between the parties stands settled and I.A. 5659/2023, as a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), has been filed. The settlement agreement dated 2nd March 2023, executed under the aegis of the Delhi High Court Mediation and Conciliation Centre, is annexed to the application.

2. The terms of settlement read thus:

    "1. That the Parties hereby agree that adoption of the mark 'WILD LAKE', 'WILD LACE' and 'WHITE LAKE' by the Second Party was not malafide and any similarity was only coincidental.

    2. The Parties hereby settle with respect to all and every claim, relief, liability, loss and/or damage of whatsoever nature against each other, that have been raised or may have been raised, pleaded, disclosed, referred to and/or relied on, in relation to the matters pleaded in the CS Comm No. 435 of 2022, Opposition bearing No. 860585 filed in Trademark Application No. 4960980, Opposition bearing No. 1170337 filed in Trademark Application No. 4979638 and Rectification Petition No. 275469 filed in Trademark Registration No. 502421.

    3. It is further agreed that no further dispute shall be raised by Parties with regard to

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