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2023 Supreme(Del) 5361
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Sabhyasachi Gorai - Appellant
Versus
Aveenshi International Private Limited Anr. - Respondent
C.O. (COMM.IPD-TM) 174 of 2021 & I.A. 20786 of 2023 and C.O. (COMM.IPD-TM) 92 of 2021 & I.A. 21561 of 2023
Decided On : 01-11-2023
Mr. Suchinto Chatterji, Ms. Neha Sharma and Ms. Amrita Verma, Advocates, for the Petitioner.
Mr. Anshuman Kishore, Advocate, for the Respondents.
IMPORTANT POINT
The central legal point established in the judgment is the court's authority to allow modification of an order to correct inadvertent errors in a settlement agreement, effectively assigning trademarks and associated goodwill.
Headnote:
Trademark - Assignment of Trademarks - The court allowed a joint application seeking modification of an order to correct inadvertent errors in a settlement agreement, effectively assigning trademarks and associated goodwill from Aveenashi International to Sabyasachi Gorai.
Fact of the Case:
The joint application sought modification of an order to correct errors in a settlement agreement, effectively assigning trademarks and associated goodwill from Aveenashi International to Sabyasachi Gorai.
Finding of the Court:
The court allowed the application, recalling and substituting the original order with the amended settlement agreement, and disposed of the petitions accordingly.
Issues:
Ratio Decidendi: The court's decision was influenced by the amended settlement agreement, which corrected inadvertent errors in the original settlement agreement and effectively assigned trademarks and associated goodwill from Aveenashi International to Sabyasachi Gorai.
Final Decision: The court allowed the joint application, recalled and substituted the original order with the amended settlement agreement, and disposed of the petitions accordingly.
JUDGMENT (Oral)
I.A. 20786/2023 in C.O. (COMM.IPD-TM) 174/2021
1. This is a joint application by the petitioner and Respondent 1, effectively seeking a modification of order dated 31 July 2023 whereby the present petitions were decreed in terms of settlement agreement dated 31 May 2023. The application avers that there were certain inadvertent errors in the settlement agreement dated 31 May 2023 which stand corrected in an amended settlement agreement dated 25 September 2023. The terms of settlement as per the amended settlement agreement dated 25 September 2023 read thus:
"1. That Aveenashi International hereby assigns, permanently and irreversibly, the trademark LAVAASH (No. 3993269) in class 43, which hereafter will be owned by Sabyasachi Gorai, singly.
2. That Aveenashi International hereby assigns, permanently and irreversibly, the trademark LAVAASH BY SABY (No. 3993270) in class 43, hereafter to be singly owned by Sabyasachi Gorai.
3. That the aforementioned assignments are complete and shall include the goodwill vested in these trademarks.
5. That Sabyasachi Gorai as consideration for the above-mentioned assignment of trademarks is making a payment of Rs.2 lacs to Aveenashi International vide demand draft dated 08.05.23 drawn upon IDBI Bank. Copy of demand draft is ANNEXURE-4, hereto.
5. That Aveenashi International agrees that they shall not derive any other trademarks or brand names similar to LAVAASH or LAVAASH BY SABY and use to attempt to register such similar trademarks.
6. That further steps in respect of the assignment shall be achieved jointly by the Parties by the execution of the form TM-P, for both the trademarks, which is the necessary form to be filed by the registered proprietor (Aveenashi International) and the transferee (Sabyasachi Gorai). Copies of the assignment documents shall be executed simultaneously with the execution of this Settlement Agreement.
7. That the Parties intend to file the form TM-P for both trademarks after the execution of this Settlement Agreement and following the final order of the Hon'ble High Court of Delhi at New Delhi in case no. C.O. (COMM.IPD-TM) 174/2021 and C.O. (COMM.IPD-TM) 192/2021, which are listed for 18.10.2023. The necessary application and forms, including signed NOCs have been duly executed and ready for submission.
8. That the choice of the trademark agent or attorney will be as per the election of Sabyasachi Gorai, who shall pay the fee and bear the costs for the filing of these two TM-P forms. Aveenashi International shall not cause any delay in this process including in the event any other document including but not limited to NOC, handover of original trademark certificates, or any other documentation required of Aveenashi International by the Registrar of Trademarks in respect of the completion of the filing and acceptance of the two TM-P forms, one for each of the two trademarks, being assigned herein.
9. That Aveenashi International shall hand over to Sabysachi Gorai ideally before but no later to the time of execution of this Settlement Agreement all goods, awards, memorabilia, photographs, objects, etc. which were placed in or around the restaurant LAVAASH and are associated with the brands LAVAASH and LAVAASH BY SABY.
10. That Aveenashi International shall at no time act in a way or manner that will cause delay, damage or otherwise malign or mar the ownership of the trademarks and the goodwill in LAVAASH and LAVAASH BY SABY. Further the Parties shall at all times in the future refrain from damaging the name and reputation of each other.
11. That Aveenashi International shall not in the future stop Sabyasachi Gorai from the pursuing legal and reasonable means of doing business that fortify and add to his proprietary rights and goodwill in respect of the trademarks LAVAASH and LAVAASH BY SABY.
12. That both Parties shall cooperate and act in a manner conducive for the completion of the process of registration of the assignment of trademarks and the recording of the
