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C. HARI SHANKAR
Puma Se – Appellant
Versus
Ashok Kumar Trading As Exposure Style – Respondent
ORDER (Oral)
1. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 5th April 2023 has been placed on record..The terms of settlement read thus:
"1. That the Second Party hereby recognizes and acknowledges the First Party's exclusive proprietary rights in the trademark PUMA, [IMG] and all of its formative trademarks and agrees not to challenge First Party's statutory and proprietary rights directly or indirectly at any time in future in India and globally.
2. The Second Party confirms and undertakes that he has stopped stocking, wholesaling, supplying, selling, marketing, in any manner including online sale of garments, shoes or any other products under the mark PUMA and logo [IMG].
3. The Second Party agrees to forthwith Cease and desist from trading, stocking, wholesaling, supplying, selling, and marketing of products bearing the mark PUMA and [IMG] logo in any manner including physical or online sale or through e-commerce portals. The Second Party agrees not to adopt at any time m future or use any mark deceptively similar to PUMA or containing PUMA in any manner for an
The court's decision was based on the validity and acceptance of the settlement agreement by the parties involved.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Enforceability of settlement agreements in resolving disputes.
The central legal point established in the judgment is the approval and enforcement of a Settlement Agreement to resolve trademark infringement disputes.
Enforcement of Settlement Agreement
The court upheld the legality and regularity of the settlement agreement, leading to the decree in terms of the agreement.
The acknowledgment of proprietary rights in the trademark and copyright, and the lawful disposal of seized goods in accordance with environmental regulations.
Settlement agreements can effectively resolve disputes and render legal proceedings unnecessary for adjudication.
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