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2023 Supreme(Del) 5438

C. HARI SHANKAR
Novartis Ag – Appellant
Versus
Gnova Biotech Private Limited – Respondent


Advocates appeared:
Mr. Aman Venugopal, Advocate, for the Plaintiff.
Mr. Subhash Chandra Sagar, Advocate, for the Defendant.

ORDER (Oral)

C. Hari Shankar, J.

1.  The dispute between the parties stands settled.

2.  A joint application (I.A. 20004/2023) under Order XXIII Rule 3 of the CPC has also been filed by the parties.

3.  The terms of Settlement Agreement as set out in this application reads thus:

    "a. The Defendants undertake to submit to a permanent injunction from selling / manufacturing / distributing/using /advertising /promoting /displaying in any manner whatsoever, the marks NOVARTIN and NOVATIC and/or any other trade mark identical or similar to the Plaintiffs well-known mark NOVARTIS as a trademark/part of a trade mark, trade name/part of a trade name, domain name/part of a domain name and/or in any other manner whatsoever, which would amount to infringement of the registered trade mark of the Plaintiff or constitute passing off of the Plaintiffs trade mark NOVARTIS;

    b. The Defendants undertake that they have removed all infringing materials online and have also removed all internet listings of products bearing the impugned marks NOVARTIN and NOVATIC including and not limited to the listings featured on the website www.gnova.co.in;

    c. The Defendants undertake that they have no remaining products, la

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