IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
Hariharan Subramaniam – Appellant
Versus
S And A Law Offices – Respondent
| Table of Content |
|---|
| 1. parties may enter into a binding settlement agreement to resolve trademark disputes. (Para 1 , 2 , 3 , 4) |
| 2. court decrees suit based on settlement and grants partial court fee refund. (Para 5 , 6 , 7 , 8 , 9 , 10) |
I.A. 33049/2025
1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 filed jointly by the plaintiff and defendants no.1, 4 and 13. So far as the other defendants are concerned, they are covered by defendants no.1, 4 and 13 and though not named, are bound by the terms of the Settlement Agreement as well.
2. Para 3 of the present application contains the terms of the Settlement Agreement which are binding on the parties before this Court. The same are extracted hereunder:
‘A’ “A. The Defendant Nos. 1, 4 & 13 undertake to this Hon'ble Court that the they shall not oppose/ challenge the aforesaid trademark(s) ['SNA', 'sna' and- ] of the Plaintiff, either directly or indirectly, by themselves or through any other person at any time in future before any Court, Tribunal and/or Statutory Body, whether in India or in any foreign jurisdiction, on any grounds( s) whatsoever;
B. The Defendant Nos. 1, 4 & 13 af
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