The court upheld settlement agreements acknowledging the plaintiff's exclusive rights to the trademark, prohibiting the defendants from using similar marks, and reaffirming the binding nature of such agreements.

JUDGMENT (ORAL)

C. Hari Shankar, J.

I.A.20732/2022

1. This is the same application as IA 20733/2022. Accordingly, no orders are required to be passed thereon.

2. The application stands disposed of.

I.A.19423/2022

3. By settlement agreement dated 26th October 2022, the dispute between the plaintiff and Defendant 1 stands settled. The terms of settlement are as under:

"i. The Defendant acknowledges the Plaintiff to be the proprietor of the trademark/label KING SOLOMON DATES and and the Proprietor to be the undisputed, absolute and exclusive owner of all statutory and equitable rights therein. ii. The Defendant No.1 further acknowledges the Plaintiff to be the proprietor of the trademark registrations set out in ANNEXURE A thereto, in India and abroad and the Proprietor to be the undisputed, absolute and exclusive owner of all statutory and equitable rights therein.

iii. The Defendant No. l is a partnership and hereby undertakes that by itself and any and all persons acting for and on its behalf will not produce, sell, offer for sale, package for sale or otherwise, or advertise, promote its goods or services, export, import, or enable advertising campaigns either directly or indirectly in physical/electronic form, internet, websites or in any manner any product bearing the mark /label KING SOLOMON DATES and in conjunction with any other word which is identical or deceptively similar to the Plaintiffs marks /labels of KING SOLOMON DATES and or any colourable variant or deceptively similar variant thereof, or in manner so as to suggest an affiliation, approval, license, connection, sponsorship or endorsement by the Plaintiff without the express prior written permission of the Plaintiff.

iv. The Defendant No. 1 undertakes that neither itself nor anyone acting for and on its behalf shall directly or indirectly, (a) claim any right, title or interest in respect of the trademark KING SOLOMON DATES and including by registering or attempting to register any trademark which is identical to, comprises of, or is similar to the trademark KING SOLOMON DATES and in respect of any of its products/services anywhere in the world; (b) use the trademark KING SOLOMON DATES and in any manner including but not limited to as part of its trade name, trademark, business name, logo, tagline, domain name in respect of any products/services; ( c) oppose the applications filed by the Plaintiff for registrations of the trademark KING SOLOMON DATES and by the Plaintiff anywhere in the world and (d) challenge the validity of registrations of Plaintiff in respect of the trademark KING SOLOMON DATES and the goodwill attached thereto, anywhere in the world.

v. The Defendant No. 1 hereby undertakes to restrain itself and anyone acting for and on its behalf from infringing the copyright of the Plaintiff in the trademark KING SOLOMON DATES and .

vi. The Defendant No. 1 hereby undertakes that it does not and has not dealt with any products, including Medjoul dates bearing the Plaintiffs mark KING SOLOMON DATES and and any deceptive or colourable varient thereof;

vii. The Defendant No. I hereby confirms that no vendor, dealer, manufacturer, distributor, retailer has in the past approached the Defendant qua any products bearing the Plaintiffs mark KING SOLOMON DATES and and any deceptive or colourable variant thereof. Further, the Defendant No. l in good faith may voluntarily inform the Plaintiff and give details of any such vendor, dealer, manufacturer, distributor, retailer approaches/enquires with the Defendant No. I in future qua any products bearing the Plaintiffs mark KING SOLOMON DATES and ."

4. Learned Counsel for the plaintiff and Defendant 1 are present. They undertake on behalf of their respective clients to abide by the terms of settlement. The application stands allowed accordingly.

I.A.19424/2022

5. By settlement agreement dated 26th October 2022, the dispute between the plaintiff and Defendant 4 stands settled.

6. Learned Counsel for