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.

ORDER (Oral)

1. Both sides submit that the dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.

2. Settlement agreement dated 27 July 2023 is on record.

3. The terms of settlement read thus:

"a) The Second Party recognizes and acknowledges the First Party's rights in the Well-Known Earlier Mark HOGWARTS (hereinafter referred to as the "'Earlier Well-Known Trade Mark"), a key element and part of THE WIZARDING WORLD Properties, as mentioned under Paragraph Nos. 13, 19, 22 and 23 of the Plaint, and undertake to never challenge First Party's statutory and proprietary rights directly or indirectly at any time in future in India and/or worldwide.

b) The Second Party has changed the name of their restaurant to Cafi Bro and are using a different logo, the photo of which is annexed with this Settlement Agreement as ANNEXURE-C. The Second Party undertakes to use the said amended logo or any other logo which is not identical or deceptively similar to, or does not contain the Earlier Well-Known Trade Mark or THE WIZARDING WORLD Properties of the First Party.

c) The Second Party undertake that they shall never use the Impugned Mark i.e. [IMG]/THE HOGWARTS KAFE, or any other mark which is deceptively and confusing similar to the First Party's Earlier Well-Known Trade Mark or THE WIZARDING WORLD Properties either as a trade mark or part of a trade mark, trade name or part of a trade name, electronic-mail or part of an electronic-mail, domain name or part of a domain name, or in any manner whatsoever, in relation to any goods or services, which would amount to infringement of THE WIZARDING WORLD Properties of the First Party.

d) The Second Party confirms that they have destroyed all promotional materials, advertising materials, catalogues, menu cards, props, merchandise, artwork, representations, stationery and any other material whatsoever bearing the Impugned Mark i.e., [IMG]/THE HOGWARTS KAFE, or any other mark/name which contains a mark/name identical or deceptively and confusingly similar to THE WIZARDING WORLD Properties of the First Party.

e) That it has been noted that the Second Party's restaurant listings bearing references of the Impugned Mark i.e. [IMG]/THE HOGWARTS KAFE have been listed on several third party/intermediary websites and the First Party as well as the Second Party have written to the third-party websites to remove or update the advertisements, photographs bearing the Impugned Mark i.e. [IMG]/THE HOGWARTS KAFE or references of consisting of the First Party's THE WIZARDING WORLD Properties, pursuant to which the name of the Second Party's restaurant listing/s has been amended from THE HOGWARTS KAFE to CAFI BRO vide the settlement negotiation conducted in the mediation process, which has been effectuated on some third-party websites, including but not limited to www.justdial.com, www.facebook.com, www.tripoto.com, https://vymaps.com, www.top-rated.online, https://wrytin.com, https://lbb.in, https://so.city/delhi, https://www.zomato.com, www.whatshot.in, https://nicelocal.in, www.eazydiner.com, https://themealdeals.com, https://travelsceretsmag.com, www.newindianexpress.com, https://bharatbz.com, https://curlytales.com, https://www.mastersindia.co, www.knocksense.com, https://theoceannewspoint.wordpress.com, https://moovitapp.com, www.youtube.com. However, on the date of signing of the present Settlement Agreement, there are certain third party websites displaying the references of the Impugned Mark i.e. [IMG]/THE HOGWARTS KAFEand photographs bearing references of THE WIZARDING WORLD Properties used by the Second Party, on their portals, on which neither the First Party nor the Second Party have any control. Vide order dated July 27, 2022, the Hon'ble Court directed the third- party websites/intermediary websites to remove the referen