CS(COMM) 520/2020 Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 15.07.2021

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CS(COMM) 520/2020

CALVIN KLEIN TRADEMARK TRUST ...... Plaintiff

Through:

Mr. Saif Khan, Mr. Shobhit Agrawal

& Mr. Deepank Singhal, Advocates

Versus

EKTARFA GARMENTS PRIVATE LIMITED, & ORS. .....

Defendants

Through:

Mr. Ashish Mohan and Mr. Samarth

Chowdhary, Advocates for the

Defendant No. 5 & 6

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

CS(COMM) 520/2020 & I.A. 11041/2020 (u/O 39 R 1 & 2 CPC) & I.A.

11042/2020 (u/O XI R 1(6) as amended under the Commercial Courts

Act, 2015 r/w Chapter IV of The Delhi High Court (Original Side)

Rules r/w Section 151 of The Code Of Civil Procedure, 1908

1.

The present suit for permanent injunction, infringement of trademark

and copyright, passing off, tarnishment, unfair competition, delivery up,

rendition of accounts, damages, etc. has been filed by the plaintiff seeking

permanent injunction restraining the defendants, their partners/ proprietors/

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CS(COMM) 520/2020 Page 2 of 4

directors,

officers,

servants,

agents,

distributors,

stockists

and

representatives from manufacturing,selling and/or offering for sale,

advertising, warehousing, importing,directly or indirectly dealing, in any

manner whether offline or online, in any goods bearing plaintiff’s registered

trademarks ‘Calvin Klein’, CK (word/logo)

.

2.

Further, prayers are also made to restrain defendants to misrepresent the

quality/ origin of their goods and from taking unfair advantage of the

plaintiff’s reputation and goodwill in the said trademarks or any similar

trademark thereby causing dilution and tarnishment of the plaintiff’s

trademarks which may infringe the copyright of the plaintiff in the artistic

works that comprise the trademarks of the plaintiff as well as to direct the

defendants for delivery up of all finished and unfinished materials, products

and accessories, packaging, labels, dies, blocks, stationery and other

materials bearing any of the plaintiff’s trademarks or bearing any other

mark(s)/logo/device similar thereto, for the purpose of erasure/destruction.

In addition, damages to the tune of Rs. 2,00,01,000/- are also claimed

against the defendants on account of loss of sales, reputation and goodwill of

the plaintiff’s trademarks caused by the activities of the defendants.

3.

On 08.12.2020, Director of defendant No-1-company appeared before

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CS(COMM) 520/2020 Page 3 of 4

the Court and showed his willingness to settle the dispute with plaintiff.

4.

Vide order dated 09.02.2021, the matter was referred to Delhi High

Court Mediation and Conciliation Centre for exploring possibility of

settlement.

5.

Learned counsel for the parties inform that subject matter of the suit

has been amicably resolved in terms of Settlement Agreement dated

15.04.2021 passed by Delhi High Court Mediation and Conciliation Centre,

wherein terms of settlement have been incorporated in paragraph No. 6(i) to

(xiii) and parties shall abide by the terms thereof.

6.

Learned counsel for plaintiff prays that the present suit be decreed in

aforesaid terms and also under the provisions of Section 16 of the Court

Fees Act, 1870 read with Section 89 of CPC, the court fee be refunded to the

plaintiff.

7.

The afore-noted narration of the present case shows that after

reference of the present case to Delhi High Court Mediation and

Conciliation Centre vide order dated 09.02.2021, the parties have

successfully mediated and settled their dispute. The suit stands accordingly

decreed