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DELHI HIGH COURT
C.HARI SHANKAR
Aktiebolaget Volvo – Appellant
Versus
Mukesh Tiwari – Respondent
| Table of Content |
|---|
| 1. settlement terms and trademark acknowledgment (Para 1) |
| 2. parties bound by settlement terms (Para 2) |
| 3. decree issued based on settlement (Para 3 , 4 , 5 , 6) |
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I.A.10386/2021 (under Order XXIII Rule 3 of the CPC)
1. This is an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) for decreeing of the suit between the parties in terms of the settlement at which they have arrived. The terms of settlement, as set out in paras i to xii of para 7 of the application, read thus:
"i. The Defendant acknowledges that the Plaintiffs are the rightful owners of and registered proprietors of the trademark `VOLVO' and `VOLVO formative marks' in India. The Defendants specifically recognize the Plaintiffs' sole and exclusive common law and statutory rights as are vested in their trademarks comprising of the name/word `VOLVO'. An illustrative list of some of the Plaintiffs' registrations for the said trademarks in India, as are also outlined in paragraph 12 of the Plaint are given below:
| Sl.no. | Trademark | Registration No. | Date of application | Class |
| 1 | VOLVO | 763291 | 20.06.1997 | 4 |
| 2 | VOLVO PENTA | 1384891 | 14.09.2005 | 4,9,35 |
| 3 |  | 1404133 | 06.12.2005 | 2,4,9,12 |
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The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
Settlement of disputes under Order XXIII Rule 3 of the CPC and the court's authority to decree suits based on lawful settlement terms.
The court affirmed the trademark's well-known status and granted interim protection against its unauthorized use, establishing a prima facie case of infringement by the defendant.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
The main legal point established in the judgment is the granting of an ex-parte ad interim injunction based on the prima facie case of trademark infringement and passing off, and the balance of conve....
The court's decision was influenced by the binding nature of the settlement agreement, which required the defendants to acknowledge the plaintiff's trademark and cease all use of the impugned marks.
The court affirmed that parties may resolve trademark disputes through settlement, provided the terms are adhered to and recognized by the court.
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