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C. HARI SHANKAR
Gati Ltd. – Appellant
Versus
Kwe Gati Packers And Movers P. Ltd. – Respondent
ORDER (Oral)
C. Hari Shankar, J.
1. In terms of the undertaking given on the next date of hearing. Mr. Kapil Hooda, learned Counsel for the defendant has handed over, across the Bar, an affidavit of Mr. Ravinder, who is one of the Directors of the defendant company, undertaking not to use the trademark GATI/KWE GATI which are registered in favour of the plaintiff, and to change the name of the defendant company to Nishant Packers and Movers which would not infringe the plaintiff's registered marks in any manner.
2. Mr. Sachin Gupta, learned Counsel for the plaintiff submits, in the circumstances, that his client would not press for costs and damages and that the suit may be decreed.
3. As such, the plaint be registered as a suit.
4. In view of the aforesaid undertaking of Mr. Ravinder, as handed over across the Bar by Mr. Hooda, the dispute in the suit stands resolved. There shall be a permanent injunction restraining the defendant as well as all others acting on its behalf from using the trademark GATI/KWE GATI or any similar mark/logo which is deceptively similar to any of the registered trademarks of the plaintiff as enlisted in paras 7 and 8 of the plaint for any purpose wha
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.
Trademark acknowledgment and the avoidance of misuse are crucial in trademark disputes; costs for unnecessary litigation may be imposed to deter vexatious claims.
Unauthorized use of a trademark without permission or authorization constitutes infringement and passing off, causing harm and injury to the trademark owner and the public.
Deliberate infringement, continuous insistence on persisting with infringing activity, and contumacious disobedience of the injunction order warrant punitive action and a permanent injunction.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Court emphasizes the significance of written undertakings in trademark disputes and validates the necessity of compliance with contractual agreements before issuance of licenses.
Trademark compliance and adherence to injunction orders are critical for protecting trademark rights; failure to comply warrants corrective action and penalties.
Trademark infringement occurs when identical or confusingly similar marks serve identical services, creating potential consumer confusion.
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