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DELHI HIGH COURT
SURESH KUMAR KAIT
Calvin Klein Trademark Trust – Appellant
Versus
Ektarfa Garments Private Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff's claims for trademark and copyright infringement. (Para 1 , 2) |
| 2. efforts towards settlement through mediation. (Para 3 , 4 , 5) |
| 3. acknowledgment of successful mediation and decree. (Para 6 , 7) |
| 4. court fees refund authorized due to settlement. (Para 8 , 9) |
JUDGMENT
Suresh Kumar Kait, J. (Oral)--The hearing has been conducted through video conferencing.
CS(COMM) 520/2020 & I.A. 11041/2020 (u/O 39 R 1 & 2 CPC) & I.A. 11042/2020 (u/O XI R 1(6) as amended under the Commercial Courts Act, 2015 r/w Chapter IV of The Delhi High Court (Original Side) Rules r/w Section 151 of The Code Of Civil Procedure, 1908
1. The present suit for permanent injunction, infringement of trademark and copyright, passing off, tarnishment, unfair competition, delivery up, rendition of accounts, damages, etc. has been filed by the plaintiff seeking permanent injunction restraining the defendants, their partners/proprietors/directors, officers, servants, agents, distributors, stockists and representatives from manufacturing, selling and/or offering for sale, advertising, warehousing, importing, directly or indirectly dealing, in any manner whether offline or online, in any goods be
Mediation successfully resolves trademark infringement disputes, enabling court fee refunds under the Court Fees Act and CPC.
Amicably settled - Suit for permanent injunction - Plaintiff is entitled to a certificate from this Court authorizing him to seek refund of entire court fees from authorities concerned in respect of ....
The validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
The court's decision was primarily based on the validity and lawfulness of the Settlement Agreement, as well as the entitlement of the plaintiff to a refund of entire court fees based on relevant leg....
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