$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1073/2025 M/S ESME CONSUMER PVT LTD .....Plaintiff Through: Mr. Rishabh Srivastav, Advocate.

versus REVOLUTION BEAUTY INDIA PVT LTD & ORS. .....Defendants Through: Mr. Kunal Prakash, Advocate.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 02.02.2026 I.A. 2790/2026 (Seeking disposal of Suit)

1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 jointly filed on behalf of the parties seeking disposal of the Suit in terms of a Settlement Agreement arrived at between the parties. The terms of the Settlement Agreement are enumerated in para 3 of the application.

2. It would be apposite to extract para 3 of the application hereunder:

“3. That during the pendency of the suit, the parties to the suit have approached each other for an amicable settlement of the dispute. In light of the same, the Defendant and the Plaintiff have agreed to amicably resolve the disputes involved in the present suit on the terms set out herein under:-

3.1 The Defendants (which term hereinafter includes its, their principal officers, directors ,partners. agents, franchisees, successors, assignees, servants, licensees, family members and all others acting for and on and on their behalf, and successors in business as the case may be, jointly as well as severally and its related entities) admits . that the Plaintiff (which term:· hereinafter includes its predecessors in interest and title, subsidiaries, group companies and affiliated companies) has superior rights in the trademark "BLUE HEAVEN"

and other similar

variants thereof (hereinafter referred to as “Trademarks” & “Plaintiff’s Trade Mark”) and is the lawful proprietor of these registered trademarks and its other similar variants thereof.

3.2 The Defendant confirms and affirms. to this Hon 'ble Court that it will not infringe the marks of Plaintiff i.e., "BLUE HEAVEN"

and other similar

variants thereof and is ready and willing to suffer the permanent injunction against use of impugned marks

or any other

mark/ label/ sign/ trade dress/ device/ name or domain name, which are identical with or deceptively similar to the Plaintiff’s registered mark “BLUE HEAVEN”

and other similar variants thereof and have no intention

to infringe the Plaintiff's trademark in any manner for cosmetic,· brushes and other allied good/services included in class- 02,03, 05, 08, 10, 14, 16, 18, 20, 21, 25, 26, · 28, 30, 32, 33, 35, 44. The Defendants are ready and willing to suffer permanent injunction in the said terms.

3.3 The Defendant confirms and affirms to this Hon 'ble Court that it will not infringe the marks of Plaintiff i.e., "BLUE HEAVEN"

and other similar

variants thereof and is ready and willing to suffer the permanent injunction against use of impugned

or any other mark/ label/ sign/ trade dress/ device/ name or domain name, which are identical with or deceptively similar to the Plaintiff's registered mark "BLUE HEAVEN"

and other similar variants thereof with any suffix or any

prefix or in any other form at present or future across all classes of goods in Trademark Registry .

3.4 The Defendant further agrees to further withdraw its trademark applications filed before the trademark registry. The trademark applications shall be withdrawn in a proper manner so that the status of the same shall display withdrawn, and as per the procedure of the Trade Marks Act and Rules. for the following mark:-

[CLASS : 21]

Cosmetic brushes; facial sponges for applying make-up; make-up brushes; combs and brushes.

The Defendants do not· have any objection if any such direction is made by the Hon 'ble Court to the trademark registry. The Defendant shall provide a copy of the withdrawal letter to the Plaintiff and undertakes to cooperate with the Plaintiff in the case. The Plaintiff must take any steps to enforce its rights against these applications.

3.5 That the Defendants, jointly and severally, agree and undertake to pay a consolidated sum o

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