Unilever Ip Holdings Bv v. Mritunjay Kumar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. IP. SUIT NO. 185 of 2023 Unilever IP Holdings B.V. & Anr. ) Plaintiffs Versus Mritunjay Kumar. ) Defendant CONSENT TERMS

¶1The Plaintiffs abovenamed have filed the present suit against the Defendant abovenamed praying inter alia for reliefs on infringement of their registered trade marks FEAST and the HEART DEVICE and for passing off the goods viz, ice-creams, frozen desserts and any other like goods, by the Defendant, for use of a deceptively similar marks FEAST and Heart Device and for other reliefs as more particularly mentioned in the plaint.

¶2The Defendant hereby acknowledges the proprietary rights of the Plaintiffs in its trade mark FEAST and the HEART DEVICE, being used by the Plaintiffs in relation to their ice-creams, frozen desserts and other like goods as more particularly mentioned in the plaint.

¶3The Defendant agrees and undertakes that he shall not hereafter use the impugned mark FEAST and the Heart Device or any other trade mark which is identical with and/or deceptively/substantially similar to the Plaintiff's trade marks FEAST and HEART DEVICE.

¶4The Defendant accordingly submits to a Decree in favour of the Plaintiffs in terms of prayers (a) to (c) of the plaint, which reads as under :-

(a) the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, distributing, packaging, selling and/or offering for sale and/or using in any manner whatsoever in relation to their ice-creams, frozen desserts and/or any other like goods, the impugned marks FEAST and Heart Device or any mark or device identical with and/or deceptively similar to the Plaintiffs' trade marks FEAST and the HEART DEVICE, so as to infringe upon the Plaintiff No. 1 's said trade mark FEAST registered under Nos. 498475, 505317, 836868, 957734 and 515544 and the HEART DEVICE registered under Nos. 778779, 3048541, 1401175, 3292287 and 2951087; all in class 30;

(b) the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, distributing, packaging, selling and/or offering for sale and/or using in any manner whatsoever in relation to their ice-creams, frozen desserts and/or any other like goods, the impugned marks FEAST and the Heart Device or any mark or device identical with and/or deceptively similar to the Plaintiffs' trade marks distinctive and prior used trade marks FEAST and the HEART DEVICE, so as to pass off their goods and business as and for those of the Plaintiffs or in some way connected or associated therewith;

(c) the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be ordered to deliver up to the Plaintiffs for destruction all of the impugned goods, labels, covers, wrappers, cartons, bill books, visiting cards, pamphlets, literature, stamps, seals, printing, packing and advertising material and other things bearing the impugned marks FEAST and Heart Device and/or any other mark or Device identical with and/or deceptively similar to the Plaintiffs' said well-known trade marks FEAST and the HEART DEVICE;

¶5As regards prayer clause (c) above, the Defendant undertakes to destroy all the goods and/or packaging materials bearing the impugned mark FEAST and Heart Device, which have been seized by the Additional Special Receiver appointed in the said matter, within a period of 2 weeks from the date of execution of the consent terms, which destruction shall be undertaken in the presence of the Plaintiffs' representative and the contents of the seized goods, viz, ice-creams, frozen desserts, shall be handed over to the Defendant..

¶6As regards the Plaintiff's claim of damages mentioned in prayer clause (d) of the plaint, the Defendant hereby pays an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) in favour of the second Plaintiff, i.e. Hindustan Unilever Limited, vide Demand Draft Nos. 000022 and 000076 dated

14.07.2023 and 18.08.2023 respectively, both drawn on Bank of India. The Defendant submits that the said Demand Drafts / issued in the favour of second Plaintiff will be honored by his bankers.

¶7incase the Defendant are found to violate the above terms, the Plaintiff shall remain entitled to take all such actions and seek such remedies as are permissible under applicable law.

¶8Copy of the Power of Attorney in favour of Ms. Vijayalakshmy Malkani, for the Plaintiffs is appended herewith as EXHIBIT A. Identify proof of Mr. Mritunjay Kumar, the Defendant abovenamed, is appended herewith as EXHIBIT B. This 22'' day of August 2023. Vijayalakshmy Malkani Constituted Attorney of the Plaintiffs Mritunjay Kumar (Defendant) Advocates for the Plaintiffs. CHALtAN MTR Form Ntmber-6 GRN MH003736971202122E BARCODE II 111111111111111111 BIT IlBIllIlItIJIlIllI III VII Date 16/07/2021-16:31:36 Form ID Department inspector General Of Registration Payer Details Non-Judldal Stamps Type of Payment Duty on Unstampd or Insuff stampd dcc ICR Mumbal TAX I TAN (If Ant) PAN No.(lt Applicati,) OffIce Name GENERAL STAMP OFFICE MUMBAI Full Name UNILEVER P HOLDINGS BV Location MUMBAI Year 2021-2022 One Time FlatlBtock No. Premises/Building Account Head Details Amount tr Rs. 0030053501 Amount of Tax 1000.00 Road/Street AreaLocailty - Town/City/District PIN . Remarks (If Any) Stamp duty on Power of Attorney Amount In Words One Thousand Rupees Only Totsi 1,000.00 Payment Details STATE BANK OF iNDIA FOR USE iN RECEIVING BANK Cheque-DD betails Bank GIN Ref. No. 00040572021071650492 IK0BEJNP28 CiiequelDD No. Bank Date RBI Date 16/07/2021-16:24:33 Not Verified with RBI_J Name of Bank Bank-Branch STATE BANK OF INDIA Name of Branch Scroll No. Date Not Verified with Scroll J Department ID Mobile No.: 9820860806 NOTE:. This chailan is valid for document to be registered in Sub Retrar office only. Not vald for unregistered document. ioi cat krn Jc1ncI a'ñuf1 iij srr. iIuft aj ozirr ttiICIl& iTt tt'ilo Page 1/1 PrInt Date 16-072021 Ue:..s;6 DE PINNA NO TA RI E I, Phillip Anthony JOURNEAUX, Notary Public of the City Of London, England, by Royal Authority duly admitted and sworn, practising in the said City, DO HEREBY CERTIFY Aiff) ATI'EST: THAT the hereunto annexed Document has been signed for and on behalf of the Company styled "UNILEVER IP HOLDINGS B.V." by Stephen Francis BEALE, a British citizen, born on 1' August 196.7, whose identity I, the Notary, attest, he being a duly appointed Attorney-in-Fact of the aforenamed Company; THAT the said Company styled "UNILEVER IP HOLDINGS B.V." is a private limited company duly incorporated and existing under the laws of The Netherlands, registered in the Commercial Register of The Netherlands under number 81003897 and • with Registered Address at Weena 455, 3013AL Rotterdain, The Netherlands; AND THAT the said Stephen Francis BEALE is du1y authorised to sign the said annexed Document on behalf of the said Company under and by virtue of a Power of Attorney granted in his favour by such Company dated 26t November 2020, a copy of which has been produced o me, the undersigned Notary. [N TESTIMONY WHEREOF I have hereunto set my hand and aftixed my Seal of Office in the City of London aforesaid, this twenty-sixth day of March in the year Two thousand and twenty-one. Philip Anthony JOURNEAUX Notary Public of London, England SCRtVUliR KOTARIII DE PINNA LL? Southwest Hue. ha agont Strea St Tams, Lon4an SW1Y 4LR Regiatood Nuraaer 0(142 1725 Telephone+44 (0)20 72'))) 2900 APOSTI LLE (Convention de La Haye du 5 octobre 1961)

1.

Country: United Kingdom of Great Britain and Northern Ireland Pays / Pats: This public document Le present acts public I El presente documento pCiblico

¶2Has been signed by a ete signé par Phillip Anthony Journeaux ha side firrnado por

¶3Acting in the capacity of agissant en qualite de Notary Public quien actCia en calidad de

¶4Bears the seal I stamp of est revetu du sceau / timbre de The Said Notary Public y está revestido del sello / timbre de Certified Attesté I Certificado

5.

at London

¶76a/en the 29 March 2021 le/eldia

7.

by Her Majesty's Principal Secretary of State for par/por Foreign, Commonwealth and Development Affairs

¶8Number APO-2303769 sous rio / bajo el numero

9.

Seal I

¶10SIgnature J. AilSOPW5rd Signature Firma stamp Sceau / timbre ? O •• Sello/timbre f i ) This Apostille is not tD be used In the UK and only confirms the authenticity of the signature, seal or stamp on the attached UK pubtc document, It does riot confirm the authenticity of the undertytng document Apostillee attached to documents that have been photocopied and certified In the UK confirm tine signature of the UK official who conducted the certification only. It does not authenticate either the signature on the original document or the contents of the original document In any way. If this docunnent Is to be used In a country not party to the Hague Convention of the 5th ol Qofobec 156t it should be presented to the consular section of the mivaion repreeenting that country To verify this apostilte go to www.vsrlfyapoatilli.sarvlce.gov.uk SPECIAL POWER OF ATTORNEY We, UNILEVER IP HOLDINGS B.V., a company incorporated under the law of the Netherlands having its registered office at Weena 455, Rotterdam 3013 AL, Netherlands, thereinafter referred as Unilever) do hereby constitute, appoint and retain Mr. Devopam Bajpai, and/or Mr. Amit hasin and/or Mr. Ashwani Tyagi and/or Ms. Shefly Kohll and/or Ms. Vijayalakshrny Malkani, adult, Indian inhabitant, all Officers/Managers of Hindustan Unilever Limited (formerly known as Hindustan Lever Limited), a company incorporated under the Indian Companies Act, 1913, having its Registered Office at Unilever House, B D Sawant Marg, Chakala Andheri (East), Mumbai 400 099, India ( hereinafter referred as UHULfl) a subsidiary of Unilever in India, as our Attorney and Agent ('Agent') in connection with protection of trademarks of Unilever, its subsidiaries and licensed trademarks against infringement, passing off and unfair competition on behalf of Unilever, and in this regard to act, issue legal notices, file suits, complaints, applications, petitions, appeals and sign, affirm, execute, verify documents, and appear either themselves or through pleaders (advocates), counsels on our behalf in all proceedings, oppositions, rectification, applications, renewals, or any issue arising in courts, quasi-judicial, judicial and administrative body(ies) constituted under the laws for the time being in force and for the above purpose authorize the Agent[s} to retain and remunerate advocates, attorneys, vakils and pleaders and to sign vakalatnamas and other necessary applications, documents and to appoint such retainers, agencies and authorities from time to time at pleasure to revoke. We hereby further authorise the above named Agent(s) to act singly and each one of them to sign on our behalf to such papers arid do such acts, including substitution or revocations, as may be necessary or expedient and generally to do or cause to be done all lawful acts, deeds and things necessary for or in relation to matter stated herein above and lastly we request that each one of them be recognised as our authorised agent and attorney in all the proceedings incidental thereto. We further authorize the Agent[s] to settle, compromise any claims, complaints, Suits, disputes and for that purpose sign and execute consent terms, settlement or other agreements in any suit, proceedings, complaint, applications, petitions, appeals filed by these Agent[sjj in pursuance of the powers conferred herein. GENERALLY to do whatever the Agent[s] may deem expedient or may be advised for the purpose of protecting the interest of Unilever and to execute do and perform on behalf of the Unilever all deeds, assurances, acts matters and things as fully and effectually in all respects as it itself could the said Agent in exercising the powers hereby conferred shall however confirm to all the regulations and directions for the time imposed on or given to him by Unilever. It is expressly agreed and confirmed that this authority is restricted to the protection of all trade marks covered by Schedule of the Technology, Trade Mark License and Central Services Agreement dated 26-03-2013 includhig unregistered trademarks being used by HUL in India in pursuance of the said agreement dated 26-03-2013 and all subsequent addendum, written consent, any subsequent agreement / annexures. This authority specifically does not confer however the power to assign or to sell or to grant licences in connection with, any of the rights mentioned above. AND Unilever hereby agrees that all acts, deeds and things lawfully done by the said Agents in relation to the matter arising out of Technology, Trade Mark License and Central Services Agreement dated 26-03-2013 and addendum thereto Including any subsequent executed agreement as also otherwise all acts in good faith shall be construed as acts, deeds and things done by the Unilever and the Unilever undertakes to ratify and corifirni aH and whatever the said Agent shall lawfully do or cause to be done by virtue of the Power hereby given or under any previous Power issued/given by Unilever to these Agent[s] (whether jointly with some other per)fl(s) or alone) in respect of all or any of the above; It is expected that the Agent / Attorney shall comply with the Corporate lnt&lectual Property Pclicy and the Code of Busifless Principles. This Power of Attorney (general authorisation) is valid for a period of three years from the date of signing, rescinds, and reçlaces all previous authorities granted for Intellectual Property matters. This power of authority hereby conferrec: shaU become effective from 25th March, 2021 and continue to remain in force till 25th March 2024, unless revoked earlier and is renewable thereafter. For and on behalf of Unilever IP Holdings B.V. Duly Authorized Dated this 25th day of March 2021 JJA t1t 1m .0000c(. 28DC2O T1 MA}IARASHTRA C 2018 C AN 634& I(NOW ML MPL.Yfl1ESE that k'Ur tt11N1LthJJttEL1 a olnt Stock Company Lcrponlc1 under the Indian Complinles A VII ci 1913 (h&elnafter rdcred to as ltin Company) and hav'ng its R1atered (Ylcs at Unliav tioue, B 0. Sawant Mary. thakla, Mdheil act l-4umba1 400 09. dcth he,ietr ra.elnutc cCnsdbtc and appoint M. VUAYA KMMYt4AIJcANI, a Manager of tiwCorn.resy, -to ts t?e trus an.i law , execsto-and p&orrn all or cry ci the ada, deeds, matters end thIs hece1nafter ar4asring, namely I. ]X jnwnarie, pnecute, at6rca, eJend, anawtr, oçspose ca appnar or a.paa1 cR a.1ons d other lyal and uaal ku!Idal -p-ocaadlnga and dern.snda whcthe cMl,cn1nal, pplll$cb or LdmlcIs!m ceilry wv/ pnxeedngc ser urj bour or ncitMI oi trisle inert ls.atIa Fri force he time to thue rt1 il to snur by xecutlon, at'ethnent, distress, uk or cthexwlse any lecree or cwrd in our (tawur and to defend or ieelt any ,rocem issued or used agelnt Ut in .sny sii action or .iceedIts at. aft*esaid to retain, employ and remunerate Mvcnttas, Attorneys, Vakils md Pkaders to sign cnd to give warrcpts, F!ttissmos 5nd othe rsery authorities end reainert nd authoiiUcs fr'.m lJnm to time at pisacurt to revoie. -,

7. '-S

¶2iL sn &nd eQJte-Cnter 'fltO a9reCOWt, Or auth othet nçrmen'x wf)v slants. agents, .1w$r1-3 or h other percriJc . cah services nil the mey niriy tti)nk saary and po''tr for efIitW orryP.g on the business of the Coany.

¶31Q a*or do our btb&f and pfrr.d,.erue, and tour -lñ1ans bdre any couit, thf., d1m*l, tabotr or thrst'i nfl .ed ry tan to heer .i.ny Suit or p In or any othcT.eiqIAr' relaJoq to any of the ntr'ttan afoomtkt.

¶4mak, swear, cgn. seal, axr,ru'e dr41wi rsi sdsrt nil Ue&rzrticr,, retum, apflcatrcm, bcnds. s1f1de41a, erzr, enper deerl. %mcm3 and wrttins wIwaver, irija, nrcescayoreiwl: for or Li fethence dary of the purpoec arisIr under of In onnectiOn,$th Or cf tl-,r, PlrectThr. Uwt vt. Incrae Tc Nt, 1961 and 1ndIrt Tax. Liws mu. Customs kt 19S?, GOods and Ser"ca'Tat and any other LocsStste ir4tret ThXcs, the Central €,ths and Salt Act 1944, ertwhlie repealed O,rr.panles Act, 1956, Cmx,nlen /srt, 2011, t4rit lr'clustrlrri Cre,parrlea (Special PromIsloni) Act, 1909, the tortes t,1948, tho Dtugsni Cosnetics Act, 1940, lcl Shcps end Estobllshmrrnts Act, Trnda Mbrks Act 1?9 1'he Copyright Act 19SZThe t'stcr'ts Act t370, the 7nducb1 (D opmentte. y.ria*Jo.-rs) Act, 1951, the Conatirner Thtt.ed1on Act, 1906, the L lAetc4egy Ir.t, IIX)%, the Comoettlion Act, 2002, the Food Safety and Standards Ac4 .?O, as ameru'd from time to time and all the RiiIts'rvJ regulations made 'rjndat end an audi e'rcr teens of the Csnmmh/ 5ate Gtwem or relating b copy rt of eoritmcn, potlulon cortroi, c.rdse, customs, transport by rail, land, o or alr asere ncw r n'ossrrrr may troraa?bsr uurne lnt force within india or arty pint thcsrcof. tccept lI noticts, sumrrMf,3 and pepers nhstancvsr rddctr.vi te or e.erved on the Company by cay Direct rex LZM(S VIZ 1ntOO5 Trc< Act, 19S. 5ndI!ldr2t Trw Laws vtr. Customc Act, 1962, Goods and SeMos ToY. Lw npd army rstur lorVStatc lr4lrect Taxes authotitles and/cr Ctvrt ndthfn' ttct sail terrtlary ti ,rhtten to all or any metteri a.tlng under or In tlon with Iaw rr4sting to DIrect 1. .ItidrSCt Tx which ar's new or may hereriror be In bite or under wiycrther law In fomt rhhlnr the tald ttscrlkcny.

¶6eLrSt, 5ett1e, compruasulso or tuhmit to aribation rty aeountz deies, dalrns, dcoands or disputes touching any of tht trtatns as s(omre4 to asic demru4 54'c for, enforce paymer and take posss!xlon or ctsih.e, alt err4 ,oucr end re.s'ilve twai give effectual receipts sort cthnnirn for nfl rrreny of the asc's Of iltrc, Company bcluxilou daims, moneys, recuritles for money, lite, goods, nsethmrridl,'ea, chattels, pcensl estates of or to which Use Cornpsrn. Is not" or hensefter use" beort'.snt1Ll,rd or which are cc may become due v'r:np seystlr or trans.foreIo to or mesble by the Company from any perscr csnrparsy, corporation, Cu tohsc'rvsnt authoray cc Court wlthlrrthd said territory. IQ iepmaerx the Company before llovnromscst — Cantrr or 5e"ru, 1)irr.ct Twç Indirezt Tax authorities, Includln but nct llrntttid 10 Ir,cornni Tax, CustcYns, tl.sdse, Import and Eq,oct Control,. Foci and Drug Adrrriniatr'etlon, UconaIng4unirlw. t.ocel or any oilier public body, euthorityes), offIcer or uf1ss or any stat's or ihlc flnrod lr6tjtoct or banks and before al Courts of law, ci ti's itseis for atny sirpore. cnecci with or reiadng to the blnsss affairs, ardvittei, pcmtiats or property of the Company MID to make and sign all rssnos, a p6cnl,¼,n, appesls, 'renss. €tltlons or other rersOution'e err behalf of twConipshy In the Govcrs'net or airy of Usa cuthortiiss, oflirms, l,istitutioirer he.'s. 8, IQ appoint one or mor. substitute or substitutes from thmro time to eceytisem It or any of the powers and autho ittea hrrtfr conferred tr,d t revoke any audi ppoIrtincnt fnxnUmrrto time.

¶9.. ,*ND CENERJILLY to act ln-relathxl.to rho rrernlses and orrcer bthi.IT to execute-do and perform all deeds, assurance, actS, rnaslterr and things as li7"ancl effrtunl1, mi nil respects as we could do If persccwfy present AND we co hereby rntlfy and conflrrn rind for ouralwrs, our ruccetce end assigns covenant to ratify end ccrillrm at and whetsomer the said '"'y shall lawfully do or cause to be dune In or about the premises by v1r1u5 of those precants Induding in such ' De.,.r Pd4 Secretary -5PJl'lVAS H,\Ak Director Name: Position: Name: Position: BEFORE E SANJAY KUMAR PANDY Misc Okda $waflCoNswMa $cho tEl Murnbai400 OÔO.' NOTEDATSRNO. j2— i'1 THE NOTAR .\ T1 j-0 S ,? AGAT confirmation whatsoever shaH be done between the time of the revocation, by means of this Power of Attorney and the time of such revocation becoming known to the saki Attorney; D we do hereby expressly declare that these presents and the powers and authorities ereby conferred are In addition to and not by way of limitation Of or substitution for any former or other Power or Powers of Attorney' heretofore given or delegated by us (whether jointly with some other person or persons or alone) and now existing uncancelled whether to the said Attorney or tQ any person or persons In India. and that these presents are not intended to and shall not revoke or limit such other Power or Powers of Attorney; AND we do hereby further declare that the fact of our or any other person on our behalf at any time or times hereafter performing or doing all or any of the acts, deeds, matters or things hereinbefore mentioned shall not be deemed to revoke, cancel or otherwise prejudice any of the powers or authorities conferred by these presents. WITNESS WHEREOF we have caused our Common Seal to be hereunto affixed at.Mumbal' s thiay of Fb-u , 2019. E 'COMMON SEAL of the abovementioned NDUSTAN UNILEVER LIMITED was affixed pursuant to a resolutIor of the Committee of the Board of Directors passed In that behalf on 4th day of Febwary 2019 affixed in the presence of FOR AND ON BEHALF OF HINDUSTAN UNILEVER LIMITED Por .............. .. . , Fbr.......... :2q Z Is-EXHIBIT-B 2614 3619 3559 -:.1.11 1IF.IT[L[I. F.r. u 3fTFt, it tl*t PWT O319. sicmu p.Citj1.12. ('PMWE TE'TUUYAI

ptMnd8flUU 143619 3559 V):91N 015.5083 1756 \%: : - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. IP. SUIT NO. 185 OF 2023 SUIT FOR INFRINGEMENT OF TRADE MARK AND FOR PASSING OFF ACT CODE NO.87 CATEGORY CODE NO. 1017 Unilever IP Holdings B.V. & Anr. )... Plaintiffs V/s. Mehta Ice )... I)efendant CONSENT TERMS Dated this 22iid day August 2023