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2023 Supreme(Online)(Del) 17038

IN THE HIGH COURT OF DELHI AT NEW DELHI
LIVE LAW MEDIA PVT LTD – Appellant
Versus
M/S TIYA LAW LIBRARY & ORS. – Respondent
CS(COMM)-671/2022



$~16(Original)

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 671/2022 & I.A. 15836/2022, I.A. 1660/2023 LIVE LAW MEDIA PVT LTD ..... Plaintiff Through: Mr. Madhav Aggarwal, Adv.

for Ms. Vrinda Bhandari, Adv.

versus M/S TIYA LAW LIBRARY & ORS. ..... Defendants Through: Mr. Sanjeev Kumar Sharma, Defendant 2 (in person)

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR J U D G M E N T (ORAL)

% 27.01.2023 I.A. 1660/2023

1. The dispute between the parties stands amicably resolved. The terms of settlement stand set out in IA 1660/2023, which has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), for decreeing the suit in terms of the settlement.

2. The terms of settlement read thus:

“3. That during the pendency of the above suit, the Plaintiff and Defendant Nos. 1 and 2 have arrived at an amicable resolution of the disputes as per the following terms & conditions:

(i) That Defendant Nos. 1 & 2 acknowledge that the Plaintiff runs an online legal news portal, www.livelaw.in/

/ which covers significant legal developments in courts and tribunals in India; international legal developments; legal events; publicizes legal job opportunities; broadcasts real-time updates of court proceedings (both on Twitter and via its Websites/App); analyses landmark judgments, significant legal provisions, Signature Not VeriCfieSd(COMM) 671/2022 Page 1 of 7 Digitally Signed contemporary issues, and legal concepts; and publishes columns and Op-eds.

(ii) That Defendant Nos. 1 and 2 acknowledge that the Plaintiff is the prior adopter and prior user of the mark/brand name/logo/device „LIVE LAW‟/ since the year 2013, in respect of a legal services, and enjoys all vested and exclusive rights in the trademark „LIVE LAW/ .

(iii) That Defendant Nos. 1 and 2 acknowledge and recognise the Plaintiff to be the owner of the registered mark/brand name/logo/device “LIVELAW/ ” , in respect of a legal services, and enjoys all vested and exclusive rights in the trademark “LIVELAW/ ” and that their use of the mark, „LIVELAW.INFO‟ and the domain name, https.livelaw.info is violative of the Plaintiff‟s rights in the mark „LIVE LAW‟.

(iv) That Defendant Nos. 1 and 2 admit and agree that they are permanently restrained from using the mark „LIVE LAW‟/ Live Law/ ” as a trade mark or trade name or any other mark which is identical or deceptively similar there to. They are also permanently restrained from using the same as part of the of the domain name livelaw.info/ and email addresses i.e., „livelaw19@yahoo.com‟, „livelaw31@rediffmail.com‟, „admin@livelaw.info, and „livelaw21@rediffmail.com‟, or any other email addresses or domain names, consisting of the mark/name „LIVE LAW‟, or any other mark/name deceptively/confusingly similar to the Plaintiff‟s mark „LIVE LAW‟

(v) That Defendant No. 1 & 2 agree and undertake to discontinue/delete/remove, within a week‟s time from the signing of this application, the use of:

a. the domain name, https://livelaw.info/ and transfer the same in favour of the Plaintiff;

b. email id(s) using the name or handle „LiveLaw‟ or any other mark/name deceptively/confusingly similar to the Plaintiff‟s Signature Not VeriCfieSd(COMM) 671/2022 Page 2 of 7 Digitally Signed mark „LIVE LAW‟, including but not limited to livelaw31@rediffmail.com;

livelaw21@rediffmail.com; admin@livelaw.info;

livelaw19@yahoo.com c. all social media accounts using the name or handle „LiveLaw‟ or any other mark/name deceptively/confusingly similar to the Plaintiff‟s mark „LIVE LAW‟, including but not limited to the Twitter handle „@Livelawinfo‟ (URL: https://twitter.com/livelawinfo) and the Facebook account, with the name „Live Law Info‟ (URL:

https://www.facebook.com/Live-Law-Info-

100532252770903).

(vi) That Defendant Nos. 1 and 2 also undertake that they will not use any trademark, trade name and/or domain name, the use of which will, in any manner, amount to infringement or passing off or dilution of the wellknown trademark “LIVELAW/ ” of the Plaintiff.

(vii) That Defendant

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