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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sun Pharma Laboratories Ltd. - Appellant
Versus
Lifesurge Biosciences Private Ltd. - Respondent
CS(COMM) 813 of 2022 & I.A. 19628 of 2022, I.A. 19629 of 2022
Decided On : 22-12-2022
Important Points
Subject
Intellectual Property - Trademark Law
Headnote
(B) Settlement terms - Defendants agreed to stop using, selling, or registering deceptively similar trademarks and dispose of existing stocks before 31st March, 2023. (Paras 2(i) - 2(x))
(C) Decree - The suit decreed based on settlement with no issues remaining for adjudication. (Paras 4, 5)
(D) Court fee - Plaintiff entitled to a refund of Court fee. (Paras 7)
| Table of Content |
|---|
| 1. settlement terms and trademark recognition (Para 1 , 2) |
| 2. counsel's undertakings and implications for case (Para 3 , 4) |
| 3. decree issued as per settlement (Para 5 , 6) |
| 4. refund of court fee entitlement (Para 7) |
JUDGMENT
C.Hari Shankar, J. (ORAL)
1. The dispute between these parties stand settled. A joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed in the Registry. It has not been listed. However, the learned Counsel for the plaintiff has provided a copy across the Bar which is taken on record. The Registry is directed to register the application under appropriate number.
2. The terms of settlement, as contained in the application, read thus:
"i. The Defendants above named hereby recognizes the Plaintiff to be the proprietor of the trade mark NORMOZ & SUN, thereby having exclusive right to the use of the said trademarks;
ii. The Defendants undertake to refrain themselves, their Directors, their assigns in business, licensees, franchisee, distributors, dealers, stockiest, retailers, chemists, from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal & pharmaceutical preparations under the impugned mark NORMOCOS and SUNSURGE or any other trade mark which is deceptively, confusingly similar to the Plaintiff's trade mark NORMOZ and containing SUN or mark deceptively, confusingly similar to SUN, as per the terms agreed herewith;
iii. Defendant No. 1's undertakes to withdraw the application for registration of the impugned mark NORMOCOS under no. 4122657 dated 19.03.2019 and for the impugned mark SUNSURGE under no. 3923875 dated 23.08.2018 under intimation to the Plaintiff within a period of 2 weeks from the recording of the present compromise;
iv. The last batch details of the medicine under the impugned mark NORMOCOS & SUNSURGE, as disclosed by the Defendants are as below;
| Impugned Product | Batch No. | Mfg. Date | Expiry | Qty. |
| NORMOCOS | 21L1290 | 01/12/2021 | 30/11/2023 | 443 |
| SUNSURGE SACHETS | 120SSG003 | 01/10/2021 | 30/09/2023 | 3158 |
| SUNSURGE SOFTGEL | SR2103 | 01/10/2021 | 30/09/2023 | 978 |
v. The Defendants further confirm that they have directed removal of all the listings bearing the impugned mark NORMOCOS and SUNSURGE, on various online websites, e- commerce platforms, online business directories, and such listings shall be removed before 31st March, 2023 by consistent follow ups and submitting the proofs of the same to the Plaintiff;
vi. The Defendants confirm that they will dispose-off the stocks under the impugned mark NORMOCOS and SUNSURGE before 31st March, 2023.
vii. The Defendants confirm that they will destroy all stationery, packaging, promotional and publicity material and labels under the impugned mark NORMOCOS & SUNSURGE before 31st March, 2023, if any, lying with them;
viii. The Defendants confirm that they shall not file any application for registration of any trade mark/domain name which is deceptively, confusingly similar to the Plaintiff's trade mark NORMOZ and containing SUN or mark deceptively, confusingly similar to SUN, and will not challenge the rights of the Plaintiff in its trade mark either directly or indirectly;
ix. The Plaintiff is foregoing costs and damages as sought in the plaint at the request of the Defendants;
x. The abovementioned undertakings have been on behalf of all the Defendants, and the same shall be binding on the Defendants, its assignees in business, franchisees, licensees, distributors, dealers and agents for all times to come."
3. Mr. Sachin Gupta learned Counsel for the plaintiff, on behalf of his client and the defendant who is present in person, undertake to remain bound by the aforesaid terms of settlement.
4. In view thereof, nothing survives for adjudication in the suit.
5. The suit is accordingly decreed in terms of the settlement recorded hereinabove by which the parties shall remain bound.
6. The Registry is directed to draw up a decree sheet accordingly.
7. The plaintiff shall be entitled
