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C. HARI SHANKAR
Sirona Hygiene Private Limited – Appellant
Versus
Parulben Navnath Chothani Trading As Shiv Enterprise – Respondent
JUDGMENT (Oral)
I.A. 7267/2023(Under Order XXIII Rule 3 of the CPC)
1. This is a joint application by the plaintiff and Defendant 11, as the dispute between them stands settled. The court has perused the terms of settlement and find them to be lawful. The terms of settlement are thus set out in the application.
"2. The Plaintiff and the Defendant No. 11 have now entered into a settlement which is the subject matter of the above suit on the following terms & conditions:
i. That the Defendant no. 11 acknowledge the Plaintiff to be the owner of the following registered Trademark:
| Trade Mark | TM No. | User detail | Class |
| [IMG] | 4337628 | 04.11.2019 | 10 |
| PAD FREE PERIODS | 5065354 | 24.08.2017 | 10 |
| #padfreeperiods | 5070466 | 24.08.2017 | 10 |
| SIRONA | 3683557 | 21.11.2017 | 03 |
| [IMG] | 4576447 | 20.07.2020 | 03 |
ii. That the Defendant No.11 acknowledges the Plaintiff to be the owner of the Copyright in the following product packaging ("SIRONA MENSTRUAL CUP"):
[IMG]
(hereinafter collectively referred to as Plaintiff's trademarks & Copyright")
iii. That the Defendant No. 11 undertakes that it will not directly or indirectly use the Plaintiff's Trade marks & Copyright in any manner whatsoever or any other deceptively similar trademark including but no
The court upheld the legality and binding nature of the settlement agreement in resolving the dispute between the parties.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
The court upheld the settlement reached under Order XXIII Rule 3 of the CPC, recognizing the plaintiff's rights and binding the parties to the agreed terms.
The court upheld settlement agreements acknowledging the plaintiff's exclusive rights to the trademark, prohibiting the defendants from using similar marks, and reaffirming the binding nature of such....
The court's approval of the settlement agreement and the subsequent decree based on the 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.
The main legal point established in the judgment is the binding nature of a settlement agreement reached between parties, which can lead to the court decreeing the suit in terms of the settlement and....
The court upheld the settlement agreement and decreed the suit in accordance with the terms of settlement, thereby recognizing the proprietary rights of the plaintiff's trademarks and trade dress.
Settlement of disputes and acknowledgment of terms of settlement by the parties can lead to the court decreeing the suit in favor of the settling party.
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