$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 613/2025, CM APPL. 68632/2025, CM APPL.

68633/2025 & CM APPL. 1833/2026 M/S VIKAS ELECTRICALS INDIA .....Appellant Through: Mr. Ninad Dogra and Mr.

Shantnu Aggarwal, Advs.

versus M/S DEV ENTERPRISES & ANR. .....Respondents Through: Mr. Rachit Gumber, Adv. along with R-1 in person.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

ORDER (ORAL)

% 17.02.2026 C. HARI SHANKAR, J.

1. Mr. Ninad Dogra, learned Counsel for the appellant submits that the appellant does not press the present appeal against Respondent

2.

2. He also submits that the dispute with Respondent 1 stands settled. A copy of the settlement deed executed between the parties has been placed on record. The terms of settlement read as under:

“1. It is agreed between the parties that SECOND PARTY hereby unconditionally and unequivocally accept and acknowledges the proprietary rights of the FIRST PARTY in the trademark / device / label and being used in relation to the goods i.e.

electrical tapes, domestic pvc types, industrial pvc adhesive tapes, etc.

2. It is agreed between the parties that the SECOND PARTY agrees and undertakes that he will not henceforth use the trademark , and and its varients or other mark of the FIRST PARTY in respect of goods i.e. electrical tapes, domestic pvc tapes, industrial pvc adhesive tapes, etc. being identical with and / or deceptively similar to the trademark / label / packaging / device / design / colour scheme / trade dress of “FIONA” and ” nor shall be use any other marks which is / are identical with and / or deceptively similar to the aforesaid trademark i.e. and

”.

3. That it has been further agreed and acknowledged by the SECOND PARTY that the packaging/ trade dress/ colour scheme as shown in ANNEXURE- A belongs to the FIRST PARTY and the SECOND PARTY has no right, interest or claim on the said packaging / trade dress/ label etc.

4. It is also agreed between the parties that the SECOND PARTY undertakes not to use the said marks in any manner and further the SECOND PARTY has submitted that the trademark application No.4300677 filed by the SECOND PARTY shall be withdrawn by him within one week from the date of execution of the present settlement deed and undertakes not to proceed further with the said application.

5. That the SECOND PARTY further represented that he has already destroyed all such material including blocks, packaging, labels, display boards, sign boards, trade literature advertisement material, wrapper, trade dress, packaging etc. bearing the mark “FIONA” in his power and possession and undertakes to destroy the same if any such material found in his possession. The FIRST PARTY also undertakes to destroy all such material including blocks, packaging, labels, advertisement material, trade dress, packaging etc. bearing the mark “FIONA” in its power and possession which was seized during the execution of local commissioner proceedings.

6. It is also agreed between the parties that the abovesaid appeal shall be decreed in terms of the present settlement since the SECOND PARTY acknowledge the rights and claims of the FIRST PARTY subject to it unconditionally withdrawing and forfeiting its claim of damages against the SECOND PARTY.

7. It is agreed between the parties that the FIRST PARTY hereby agrees that it shall give up its claims qua the damages against the SECOND PARTY and shall have no other claims whatsoever against the SECOND PARTY.

8. It is agreed between the parties that in case the SECOND PARTY violates the terms of the present settlement, then he shall be liable to pay the damages to the tune of Rs. 10 Lacs. This would be in addition to all other legal remedies which the FIRST PARTY would be legally entitled to initiate any proceedings against the SECOND PARTY.

9. That the SECOND PARTY also undertakes to withdraw the opposition filed by him before Trademark Registry in the TM Application No. 4308734 and 5823947 for the mark “FIONA” of the