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C. HARI SHANKAR
Lt Foods Limited – Appellant
Versus
Dawat Biryani – Respondent
ORDER (Oral)
1. The disputes between the parties stand settled in terms of the settlement agreement dated 6th January 2023, executed under the aegis of the Delhi High Court Mediation and Conciliation Centre, which has been placed on record. The terms of the settlement agreement read thus:
(i) The Defendants have acknowledged the Plaintiff to be the proprietor of the well-known trademark/label DAWAT and related marks. The Defendant has further acknowledged the Plaintiff to be the proprietor of the trademark registrations set out in ANNEXURE B.
(ii) The Defendants hereby undertake not to use by itself, its proprietor, its principal officers, family members, servants, agents, vendors, dealers, manufacturers, distributors, retailers and anyone acting for and on its behalf from producing, selling, offering for sale or advertising, promoting its goods or services, exporting or enabling advertising campaigns either directly or indirectly in physical/electronic form, internet, websites or in any manner any product bearing the mark/label "Dawat Biryani" or "DAWAT" in conjunction with any other word which is identical or deceptively similar to the Plaintiffs marks/labels of DAWAT or related m
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....
The court confirmed the validity of a mediated Settlement Agreement resolving trademark infringement, establishing entitlement to court fee refund under precedent cases.
Enforceability of settlement agreements and their impact on the resolution of disputes.
The central legal point established in the judgment is the effectiveness of a settlement agreement in resolving a trademark infringement dispute and leading to a decree in favor of the aggrieved part....
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 in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
Enforcement of Settlement Agreement
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