Back
C. HARI SHANKAR
PT Djarum – Appellant
Versus
Bajrang Traders – Respondent
ORDER (Oral)
1. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.
2. A report from the Mediation and Conciliation Centre along with Settlement Agreement dated 6th April 2023 has been received. The terms of settlement read thus:
"A. The Second Party acknowledges that the First Party is the registered proprietor of the well-known DJARUM BLACK Trademarks as well as the DJARUM BLACK Logo.
B. The Second Party has, in recognition of the First Party's rights in the DJARUM BLACK Trademarks, ceased all use of the trade marks [IMG], and [IMG] and undertakes to not use, directly or indirectly, the said marks and/or any other mark identical or deceptively similar to the First Party's DJARUM BLACK Trademarks and/or the DJARUM BLACK Logo in future and/or directly or indirectly make any trade mark or copyright application in future in relation to any mark which is identical or deceptively similar to the First Party's DJARUM BLACK Trademarks and/or the DJARUM BLACK Logo.
C. The Second Party undertakes and warrants that no other person or party is using the trade marks [IMG], [IMG] and [IMG] or similar copyright logo f
Enforceability of settlement agreements in resolving disputes.
The court's decision was based on the validity and acceptance of the settlement agreement by the parties involved.
Enforcement of Settlement Agreement
The settlement agreement reached through mediation was found to be lawful and in order, leading to the decree of the suit in terms of the settlement agreement.
Settlement agreements can effectively resolve disputes and render legal proceedings unnecessary for adjudication.
Settlement agreements can effectively resolve disputes in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
Enforceability of settlement agreements and their impact on the resolution of disputes.
The central legal point established in the judgment is the approval and enforcement of a Settlement Agreement to resolve trademark infringement disputes.
The court upheld the settlement agreement and decreed the suit in terms of the agreement, emphasizing the importance of adhering to the terms of the settlement in resolving the trademark infringement....
Settlement agreements under Order XXIII Rule 3 of the CPC can lead to the decree of suits and resolution of disputes, binding the parties to the terms of the agreement.
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
