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C. HARI SHANKAR
Livguard Energy Technologies Pvt. Ltd. – Appellant
Versus
Mohammad Akil – Respondent
ORDER (Oral)
I.A. 12998/2023 (under Order XXIII Rule 3 of the CPC)
C. Hari Shankar, J.
1. The dispute between the parties in C.O. (COMM.IPD-TM) 172/2021 stands settled and a joint application has been moved by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC).
2. The terms of settlement as contained in this application read thus:
a) "The Respondent No.1 recognizes and acknowledges the Petitioner's exclusive proprietary rights in the trademarks LIVFAST/[IMG].
b) The Respondent No.1 confirms that it has already stopped using the mark LEFAST/[IMG] or any other deceptive variations thereof in relation to the products manufactured by it, namely batteries, home UPS batteries, batteries for vehicles, electric batteries, stabilizers, solar batteries, etc. and is now using the mark "SPEEDLINE" in relation to the said products.
c) Respondent No.1 undertakes that it will not use, advertise or sell any products under the mark LEFAST/[IMG] or any other deceptive variations thereof or any other mark which is identical or confusingly similar to the Petitioner's mark LIVFAST/[IMG] in any manner whatsoever, including but not limited to as a trade mark, trading/corporate
Enforcement of settlement terms and direction to cancel infringing marks by the Trade Marks Registry
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
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.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Mutual agreement between parties led to the cessation of trademark infringement and settlement terms binding on all parties involved.
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 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.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
The court's decision was influenced by the binding nature of the settlement agreement, which required the defendants to acknowledge the plaintiff's trademark and cease all use of the impugned marks.
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