$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1098/2024 YKK CORPORATION .....Plaintiff Through: Mr.Gaurav Gogia,Mr.Rishabh Gupta and Mr. Mankaran Singh, Advocates.

Versus KC SAPRA & ORS. .....Defendant Through: Ms. Soni Jha, Advocate for D-3.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 05.12.2025 I.A. No. 30447/2025

1. The Plaintiff and Defendant No. 3 have jointly filed the present compromise Application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.

2. The learned Counsel for the Plaintiff and Defendant No. 3 submit that during the pendency of the present Suit, the Plaintiff and Defendant No. 3 have amicably settled the disputes on the following terms and conditions:

“i) TheDefendantNo.3assuchadmitstheproprietary,statutoryand common law rights of the Plaintiff in the trademarks, ii) In addition to the aforestated, the Defendant No. 3 also admits and acknowledges the Plaintiffs rights in the following trade dress/packaging (hereinafter referred to as "Trade dress")

devised by the Plaintiff:

iii) That the Defendant No.3 agrees and undertakes not to use, sell, solicit,manufacture,market,import,export,display,advertise,or byanyothermodeormannerdealinginthecourseoftradeinthe physical or online market place including by way of export and import, packaging and distributing, counterfeit products of the impugned goods or the impugned goods under the impugned marks/labelsYKK/GKK/BKK/YXR/YKR/YYKand/orany other word or mark which may be identical with and/or deceptively similar to the said trademarks/labels/trade dress of the Plaintiff.

iv) That the Defendant No.3 undertakes to provide/ handover to the Plaintiff the impugned goods which were seized during the executionoftheCourtCommissioni.e.atotalof26,650impugned goods bearing the impugned marks/label in 7 gunny bags.

v) That the Defendant No.3 as such agrees for suffering the decree of permanent injunction in terms of the Prayer as set out in Para no. 39 (a)(i-iv) of the Plaint.

vi) The Defendant No. 3 has paid a part of the costs/damages incurred by the Plaintiff towards this legal action, which is estimated to the tune of Rs. 1,20,000 (Rupees One Lakh Twenty Thousand). The details of the payment which has been made in two installments that is enumerated as under:

(i). Rs. 60,000/- through Demand Draft No. 521684 dated

08.07.2025.

(ii) Rs. 60,000/- through Demand Draft No. 507018 dated

21.08.2025.

vii) The Defendant No.3 agrees and undertakes to disclose the completesupplychainincludingthecompletepurchaseaswellas sales data of the counterfeits as well as infringing YKK/BKK/GKK/YXK/YKR/YYK, other deceptively similar marks/labels to YKK.

viii) The Defendant No. 3 agrees to allow the Plaintiff to undertake and conduct future audit, or surprise inspections to ensure compliance with the instant settlement agreement, and towards the aforesaid, allow peaceful execution of the inspection and cooperation with the audit/ surprise inspection, without interfering with or obstructing the process of audit/inspection in any manner.

ix) The Defendant No. 3 states that it has no pending stocks or any other finished or unfinished materials bearing the impugned marks/labels, as mentioned in the plaint or any trademark/label identical with and/or deceptively, confusingly similar to the plaintiff’s said trade mark/labels, trade dress copyright.

x) The Defendant No.3 undertakes to stop indulging in the counterfeiting of the plaintiff’s trademarks/labels and further undertakes to, if ever, exclusively deal in authentic YKK zippers under proper invoices from authorized sellers of the Plaintiff’s said goods and only deal in authentic/genuine YKK zippers.

xi) The Defendant No. 3 agrees that it will not file any trademark, copyright application identical with and/or deceptively, confusingly similar to that of the Plaintiff’s said trademarks/

labels/trade dress.

xii) The Defendant No.3 undertakes to this Hon'ble Court that the Defendant No.3 will not use the said trademarks or