$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 653/2022 FILMTEC CORPORATION & ANR. .....Plaintiff Through: Ms. Aastha Kakkar, Advocate.

Versus ANIL KUMAR ASHOK BHAIVASWANI OWNER AT MESSRS JAL BLUE IMPEX & ORS. .....Defendants Through: Ms. Karuna Chhatwal, Advocate for D-1 to D-3.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 05.12.2025 I.A. No. 30472/2025

1. This is a joint Application filed on behalf of the Plaintiffs and Defendant No.1 under Order XXIII Rule 3read with Section 151of the Code of Civil Procedure, 1908 (“CPC”).

2. The learned Counsel for the Plaintiffs and the learned Counsel for Defendant No. 1 submit that during the pendency of the present Suit, the Plaintiffs and Defendant No. 1 have amicably arrived at a Settlement on the following Terms:

“A. The Defendant No. 1 acknowledges the Plaintiffs to be the owner and lawful proprietor of the trademarks FILMTEC®, , DUPONT and DUPONT OVAL LOGO/

®formativemarksaswellasitsassociatedtradenames/labels/logo/ trade dress/ packaging/ domain names. The Defendant No. 1 also acknowledges the Plaintiffs to be the owner and lawful proprietor of the copyrights in the artistic works in the Plaintiffs’ packaging and logos. The Defendant No. 1 further undertakes to this Hon'ble Court that Defendant No. 1 shall not challenge the aforesaid trademarks and copyrights of the Plaintiffs, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal, and/or Statutory Body, on any ground(s) whatsoever;

B. The Defendant No. 1 further acknowledges the intellectual property rights, fame, and reputation of the Plaintiffs in its earlier trademarks FILMTEC®, , DUPONT and DUPONT OVAL LOGO / ® formative marks, and trade dress/packaging associated with the Plaintiffs’ products. The Defendant No. 1 undertakes to this Hon'ble Court to refrain from doing such acts in future which would amount to infringement of the Plaintiffs’ registered trade marks and copyrights;

C. The Defendant No. 1 affirms that the Defendant No. 1 will refrain from manufacturing or authorizing the manufacture, importing, selling, offering for sale, marketing, exporting, retailing, supplying, distributing, exhibiting, advertising, promoting, displaying, dealing in and / or using, in any manner whatsoever, the counterfeit/ impugned products or any other product bearing the Plaintiffs’ earlier trade marks FILMTEC®, , DUPONT and DUPONT OVAL LOGO/ ® formative marks or using and/or applying any other mark or logo which is identical or deceptively and confusingly similar to the Plaintiffs’ earlier trade marks, either as a trade mark or part of a trade mark, or as a logo/ label/trade dressorpartofa logo/ label/trade dress, orinany other manner whatsoever, in relation to any goods or services, or in relationtoanypromotional,marketingoradvertisingmaterialorany other material used or intended to be used for labelling or packaging or for advertising any goods or services;

D. The Defendant No. 1 affirms that the Defendant No. 1 will refrain from reproducing, imitating, copying, adopting, using and/or exploiting the original work of the Plaintiff No. 2 including the said Plaintiffs’ DUPONT OVAL logo, as mentioned in Paragraph No. 12 of the Plaint, and/or any other copyrighted material of the said Plaintiffs, by the Defendants in relation the impugned products, or in any other manner whatsoever;

E. The Defendant No. 1 affirms that the Defendant No.1 will refrain from using, exhibiting, advertising, promoting, displaying, usingand/ordealinginanymannerwhatsoever,thePlaintiffs’earlier trade marks in relation to the counterfeit / impugned products, as mentioned in Paragraph No. 58 of the Plaint, or in relation to any other product or services or any other use whatsoever, in relation to any goods or services, or in relation to any packaging, labelling, promotional, marketing or advertising material etc. or any other materialused orintendedtobe used forlabellingorpackagingorfor advertising any goods or services;

F.