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C. HARI SHANKAR
Warner Bros Entertainment Inc – Appellant
Versus
Ishant Kashiwal Trading As The Hogwarts Kafe – Respondent
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 Seco
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.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
Enforceability of settlement agreements in resolving disputes.
Settlement agreements can effectively resolve disputes in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
The court's decision was based on the enforceability and legality of the settlement agreement in settling the trademark dispute.
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