2025 Supreme(Online)(Del) 6078
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
SAERA ELECTRIC AUTO LIMITED – Appellant
Versus
MALAK TECHNO PRIVATE LIMITED – Respondent
CS(COMM) 223/2024
For the Appellants/Petitioners: Mr. Yatin Chadha, Mr. Gurvinder Singh
For the Respondents: Ms. Mary Vimala Bai
The court upheld a settlement agreement recognizing trademark rights and binding compliance, establishing clear obligations and penalties for any breaches.
Headnote:(A) Trademarks Act, 1999 - Section relevant to trademark infringement - Plaintiff owns various trademarks including 'MAYURI' - Defendant acknowledges Plaintiff's ownership of trademarks and agrees not to use similar marks - Damages of Rs. 2,50,000/- settled through installments. (Paras 1, 2)
(B) Enforcement of Settlement Agreement - Court decrees the suit in terms of the Settlement Agreement reached between the parties - Agreement includes terms for rebranding and compliance checks. (Paras 1, 2)
| Table of Content |
|---|
| 1. settlement agreement reached. (Para 1) |
| 2. decree established by court. (Para 2) |
| 3. costs and conditions outlined. (Para 3 , 4 , 5) |
O R D E R
% 08.09.2025
1. The Parties have been able to settle the matter through Mediation and the Settlement Agreement dated 24.07.2025 is placed on record. As per the Settlement Agreement, the Parties have agreed that:
“i. The Defendant has confirmed that it has complied with the ad-interim injunction order dated 14.03.2024 in its true spirit and confirms that it shall not use the injuncted impugned marks "MAYUR", , (hereinafter collectively referred to as "injuncted impugned marks) and/or any other mark or marks, identical to or deceptively similar to or containing the Plaintiffs prior adopted, prior used and registered trademark "MAYURI" and various "MAYURI" formative trademarks including the device mark/logo and (hereinafter collectively referred to as the "MAYURI"
trademarks)either as a brand name, trademark, trading style, corporate name, domain name, hashtag, metatag, etc. in respect of the E-Rickshaw, B-Vehicles, their parts, components and accessories and/or anyother similar/related/allied/cognate goods/services and/or in any manner, whatsoever. The Defendant undertakes that it will not use the injuncted impugned marks.
ii. The Defendant acknowledges that the Plaintiff is the sole and absolute owner and proprietor of the MAYURI trademarks. The Plaintiff alone is entitled to exclusively use, adopt and exploit the MAYURI trademarks in any manner that the Plaintiff solely deems fit, and the Defendant has no right, title or entitlement in any manner whatsoever directly or indirectly to use and/or adopt any of the Plaintiffs MAYURI trademarks or any mark that is nearly identical/deceptively similar to the Plaintiffs MAYURI trademarks in any form whatsoever for any class of the goods and/or services anywhere in the world.
iii. The Defendant further acknowledges the Plaintiff to be the owner of Copyright in respect of the artistic logo/device mark(s) logo and .
iv. The Defendant agrees to pay a sum of Rs. 2,50,000/-(Rupees Two Lakhs and Fifty Thousand Only) to the Plaintiff as damages in 4 installments, out of which three installments of Rs. 1,00,000/-, Rs.50,000/- and Rs.50,000/- have been paid on 30.05.2025, 15.06.2025 and 15.07.2025respectively, and the schedule for balance payment is as follows:
Installment No. Amount Paid on -Date
4th Rs. 50,000/- 14.08.2025 All the payments will either be done through NEFT/RTGS in the Plaintiffs accountor through Demand Draft in the name of the Plaintiff.
v. The Defendant undertakes to withdraw/change name in all the RTO approvals/state approvals/ICAT and other approvals taken under the brand MAYUR/MAYUR PRO within 30 days of signing this agreement. Copy of such withdrawal/change of name letters and approvals by the Government Departments/ICAT should be shared with the Plaintiff within 30 days from the date of signing of this Settlement Agreement and the Plaintiff upon receiving such confirmation shall proceed to sign and file the joint application before the Hon'ble High Court of Delhi for passing a Decree in terms of the present Settlement Agreement before the next date of hearing i.e., 08.09.2025.
vi. The Defendant has informed the Plaintiff that it has already withdrawn the trademark application no. 6609929 for the mark "MAYUR PRO" and has also filed before this Hon'ble High Court an affidavit for the same on
01.05.2025 vide Diary No: 3071638/2025.
vii.The Defendant further undertakes to re-brand after taking permission of the Hon'ble High Court of Delhi the goods and material seized by the Local Commissioner during the execution of the Local Commission, under a different brand which is not identical/nearly identical and/or deceptively similar to the Plaintiffs MAYURI trademarks and furnish the proof of the same to the Plaintiff within 30 days from the disposal of the present proceedings by the Hon'ble Court. The Plaintiff or its Representative ca