A court may decree a suit in favor of a plaintiff based on a mutual settlement agreement where the defendant provides undertakings to cease trademark infringement and accepts a permanent injunction.

O R D E R

I.A. 32104/2025

1. ThisisajointApplicationfiledonbehalfofthePlaintiffandDefendant No. 4 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.

2. The learned Counsel for the Plaintiff submits that during the pendency of the Suit, the Plaintiff entered into a Settlement with Defendant Nos. 2 and 3 on 10.12.2024 and Defendant No. 4 on 19.12.2024.

3. The learned Counsel for the Plaintiff and the learned Counsel for Defendant No.4 submit that during the pendency of the Suit, the Plaintiff and Defendant No. 4 have amicably arrived at a Settlement on the following Terms:

“i. The Defendant No. 4 undertakes to refrain himself, his partners, servants, agents, dealers, distributors and all persons acting for and on his behalf from engaging directly or indirectly in manufacturing and / or offering for sale and / or selling and / or marketing / advertising and / or adopting and / or using and / or dealing in any manner with any goods and / or services under any trademark near identical and / or deceptively similar to any of the Plaintiff’s trademarks including but not limited to its registered and well-known trademarks RELIANCE and / or JIO and / or any other RELIANCE / JIO Formative Trademarks of the Plaintiff as listed in paragraphs 13 and 38 of the plaint, and /orunderanyothertrademarkwhichconsistsoftheword/mark ‘RELIANCE’ and / or ‘JIO’ and / or and / or and / or any other word / mark deceptively similar thereto, as a part thereof in any manner whatsoever.

ii. The Defendant No. 4 undertakes to refrain himself, his partners, servants, agents, dealers, distributors and all persons acting for and on his behalf from engaging directly or indirectly in manufacturing and / or offering for sale and / or selling and / or marketing / advertising and / or adopting and / or using and / or dealing in any manner with any goods and / or services under the impugned trade dress / packaging and / orunderanyotherproductpackagingand/ortradedresswhich incorporates any of the Plaintiff’s trademarks including but not limitedtoRELIANCEand/orJIOand/oranyotherRELIANCE / JIO Formative Trademarks of the Plaintiff as listed in paragraphs 13 and 38 of the plaint and / or any other trademark(s) deceptively similar / near identical thereto, as part thereof and/orwhichproductpackaging /tradedressbearsany labels / artistic works near identical / deceptively similar to the Plaintiff’s labels / artistic works / trademarks including but not limited to / / / / / / and / or under any label / trade dress / packaging / artistic work which consists of the word / mark RELIANCE and / or JIO and / or and / or and / or any other word / mark deceptively similar thereto, as a part thereof in any manner whatsoever.

iii. The Defendant No. 4 hereby recognizes the Plaintiff’s sole, exclusive and lawful proprietary rights, titles and interests in the Plaintiff’s trademarks including but not limited to Plaintiff’s registered and well-known trademarks RELIANCE, JIO, and other RELIANCE and JIO Formative Trademarks including those listed in the paragraphs 13 and 38 of the plaint. The Defendant No. 4 further recognizes the Plaintiff’s sole, exclusive and lawful proprietary rights and interests in the Plaintiff’s artistic works including but not limited to / / / / / / and / or any other original artistic works referenced under paragraph 49 of the plaint. The Defendant No. 4 undertakes to not oppose / challenge / obstruct either directly or indirectly the aforesaid proprietary rights and interests of the Plaintiff in any manner whatsoever including but not limited to by