Back
DELHI HIGH COURT
SURESH KUMAR KAIT
Tata Sons Private Limited – Appellant
Versus
Sunil Keshavji Tataria – Respondent
| Table of Content |
|---|
| 1. trademark infringement and misappropriation (Para 1 , 2 , 3) |
| 2. referral to mediation for settlement (Para 4 , 5) |
| 3. terms of amicable resolution (Para 6 , 7 , 9) |
| 4. decree based on settlement agreement (Para 8 , 12) |
| 5. refund of court fees due to amicable settlement (Para 10 , 11) |
| 6. disposal of pending application (Para 13) |
The present suit has been filed by the plaintiff seeking permanent injunction restraining infringement of registered trade mark, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts, delivery up in respect of plaintiff's registered trade mark.
2. The defendants are engaged in the manufacture and sale of adult diapers and underpads which bear the infringing mark/logo 
.
3. In 2020, counsel for plaintiff received information regarding defendants' adult diapers and underpads being sold under the trade mark and the infringing mark /logo 
and deputed independent investigator, who conducted investigation and found that defendants were engaged in the business through domain/website www.tatariahygiene.com, which amounted to misappropriation of plaintiff's trade mark "TATA".
4. During pendency of the suit
The court confirmed the validity of a mediated Settlement Agreement resolving trademark infringement, establishing entitlement to court fee refund under precedent cases.
The court applied the Settlement Agreement dated 03.08.2021 and found it to be valid and lawful, decreeing the suit in terms of the agreement. The plaintiff was also entitled to a refund of entire co....
A settlement agreement reached by parties in trademark disputes is valid and can lead to a decree in its terms, including the refund of court fees based on amicable resolution.
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
A valid Settlement Agreement reached through mediation can lead to a decree of the suit, and plaintiffs may be entitled to a refund of court fees when disputes are amicably resolved.
Parties may resolve disputes through a valid Settlement Agreement, which the court can incorporate into a decree, and the plaintiff may be entitled to a refund of court fees upon settlement.
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.
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
Parties to a trade mark dispute can resolve their issues through mediation, and when a suit is settled, the plaintiff is entitled to a full refund of court fees.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
