Unilever Ip Holdings B.V v. Bindas Food and Agro Manufacturing

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT NO. 311 OF 2022 +

¶1Unilever IP Holdings B.V a company incorporated under the laws of the Netherlands, having its registered office at Weena 455 , 3013 AL Rotterdam, the Netherlands. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) +

¶2Hindustan Unilever Limited, a public limited 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, Maharashtra Versus Plaintiffs B M/S Bindas Food And Agro Manufacturing ) ) ( -.dA_ 13 ;& ; / having its address at Chotto Chandpur, Bishnupur, Basina, North 24 Rajarhat, Dist 700 135 Parganas, Pincode West Bengal + Defendant CONSENT TERMS BETWEEN PLAINTIFFS AND DEFENDANT The parties have amicably settled their dispute and arrived on following minutes of order.

¶1The Defendant acknowledges that the Plaintiffs are the true and lawful proprietor of the trade mark/ Device ofCHOCCOFEAST, + FEAST /

¶2By consent of the parties Clause XIV Leave Petition is allowed.

¶3The Defendant submits to a decree in terms of prayer clause (a),

(b) and (d) of the Plaint, which is reproduced hereinbelow:- a. the Defendant by itself, its directors, employees, servants, agents, stockists, dealers, distributors and all persons claiming through or under it be restrained by a permanent order and injunction of this Hon'ble Court from infringing the Plaintiff No. 1 's registered trade marks bearing nos.498475, 505317 and Q said" b'lb'1 HI ;/ 836868 all in class 30 by using the impugned trade mark CHOCO FEAST and/or any other trade mark containing the words CHOCO FEAST or FEAST and/or any other word/s deceptively similar thereto and/or any other trade mark identical with or deceptively similar to the Plaintiff No.1 's registered trade marks bearing nos.498475, 505317 and 836868 all in class 30 in respect of the said goods covered by the Plaintiff No.1 's said registrations and/or like goods or in any other manner whatsoever , b. the Defendant by itself, its directors, employees, servants, agents, stockists, dealers, distributors and all persons claiming through or under it be restrained by a permanent order and injunction of this Hon'ble Court from manufacturing and/or marketing and/or selling and/or advertising and/or trading in and/or otherwise dealing in frozen desserts and/or ice creams and/or similar goods tmder the impugned trade mark CHOCO FEAST and/or any other trade mark containing the word FEAST and/or any other word/s deceptively similar thereto and/or any other trade mark identical with or deceptively similar to the Plaintiffs ' said well-known trade mark FEAST so as to pass of or enable others to pass of the Defendant's goods as andfor the well-known goods of the Plaintiffs or in any other manner whatsoever ; S ahazE 13ILI d. the Defendant be ordered and decreed to deliver up to the Plaintiffs for destruction the Defendant's goods, labels, covers, wrappers, hoardings, cartons, bUt books, visiting cards, pamphlets, literature, stamps, seals, ice cream carts/trucks, refrigerators, freezers, printing, packing and advertising material and other things bearing or containing the impugned trade mark CHOCC) FEAST and/or any other trade mark containing the words CHOCO FEAST or FEAST or any other word/s deceptively similar thereto, IP

¶4In so far as the impugned goods bearing the impugned marks which have been seized by the Court Receiver, the Defendant agrees and undertakes to remove the labels and packaging bearing the impugned trade mark from the actual products and destroy the said labels, cartons, packaging, literature or material bearing the impugned trade marks in the presence of the Plaintiffs' representative, within a period of two weeks from today at the cost of the Defendant. q

¶5The Court receiver appointed by the Hon'ble Court shall stand discharged.

¶6Court Fees be refunded as per rules.

¶7In view of the above, the Plaintiffs does not press for remaining reliefs including costs and damages. I"h'/4 U'lb: Dated this 11 th day of August 2023 . For Unilever IP Holdings B.V. For Bindas Food and Agro Manufacutring And Hindu\ta llever Limited ,y,baER ;I' Ms. Vijayalakhsmy Malkani (Authorised Representative) Jahida Bibi (Proprietor) For Unilever IP Holdings B.V And Hindustan Unilever Limited For Bindas Food And Agro Manufacturing Adv. Dishita Shah+– /}}a' aaulara Panelnl (Advocate for the Plaintiff No. 1 and 2) ® Adv. Nidhi Bangera (Advocate for Defendant) DE PIN NA Q i '\ ! At ;; : \ t; I1 PhilUp Anthony JOURNEAUX, Notary Public of the City of London, England, by Royal Authority duly admitted and sworn, practising in the sqid City, DO HEREBY CERTIFY AND ATTEST: THAT the hcreunto annexed Document has been signed for and on behalf of the Company styled "UNILEVER IP HOLDINGS B.V." by Stephen Francis BEAT,E, a British citizen, born on lst August 1967, 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 Colnmercial Register of The Netherlands under number 81003897 and with Registered Address at Weena 455, 3013AL Rotterdam, The Netherlands; AND THAT the said Stephen Francis BEALE is duly authorised to sign the said annexed Document on behalf of the said Company under and by virtue of a Power of Attorney frantcd in his favour by such Company dated 2611= Novembcr 2020, a copy of which has been produced to me, the undersigned Notary. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Seal of Oface in the City of London aforesaid, this twenty-sixth day of b'larch in the year Tu'o thousand and twenty-one. Phillip Anthony JOURNEAUX Notary Public of London, England Xi:IIE! iroN I}= PI'<)f;\ 1.1 P Southwell! HI.u6c., IIII Rt gent Street St. .i &mr-+' s, t.ullrloll SV/I Y 4 1.R R(.=1 '!prr.It \'tlrrrlxrr fH '4'21725 Fr}}apllonc'-.14 ft!"'20 7421):l =HIt; q •••tT +r APOSTILLE (Convention de La Haye du 5 octobre 1961 )

¶1Country: Pays / Pais: UnIted Kingdom of Great Britain and Northern Ireland This public document Le pr6sent acta public / El presente documento pOblico

¶2Has been signed by a dtd sign6 par ha sido firmada par Phillip Anthony Jourr,eaux

¶3ActIng in the capacity of agissant en qualit6 d8 quien actOa on caIidad de Notary Public

¶4Bears the seal / stamp of est rev6tu du sceau / timbre de y esti revestido del sello / timbre de The Said Notary Public a Certified Attest6 / Certificado

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7.

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¶9L by par / por nFMBe ty'sFRmm Foreign, Commonwealth and Development Affairs Number sous no / bajo el numero APO-2303769 Seal / stamp Sceau i timbre Se(Io / timbre 10, Signature Signature Firma J . Allsop-Ward Th , Apatiik is not to tn Jsed in :he UK and only conn rms the auther:kitty of he 3:gRam'e. seal or stamp on Re altactna UK pubic documen!. It does not confirm trle aJthendcity oI the uncle'iying doa,cell Apostles alta=he'J to decunent3 1321 nova been DhotocqHed and ceniRec in the 'JK conS'n in signalure of Ure UK of' Cial wha coldhcted ths :eFifiaEon culty 1: lk83 nat authen!late eIther IIe signature on the oHglnd 'JocJmer{ or the cottenb of tha or g naI d9cuner: in any way. if tr 3 dca,men: is :o be Jsed in a counITy Int party to the I lag'Je Convention of the 5th at October 1963. it should tn presented to the con suia' sector Of the mission apuand rg that caJr '.'y To verIfy this ap03tille go to www.verifyapostiIIeservice.gov.uk Le SPECIAL POWER OF ATrORNEY 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, (hereinafter referred as Unilever) do hereby constitute, appoint and retain Mr. Devopam Bajpai, and/or Mr. Amit Bhasin and/or Mr. Ashwani Tyagi and/or Ms. Shelly Kohli and/or Ms. Vijayalakshmy Malkani, adult, Indian inhabitant, all Officers/Managers of Hindustan Unilever Limited (formerly known as F'lindustan Lever Limited), a company incorporated under the Indian Companies Act, 1913, having its Registered OFfice at Unilever House, B D Sawant Marg, ChakaIa Andheri (East), Mumbai 400 099, India { hereinafter referred as "HUL"} 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 tinre 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 and 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[5] 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 including 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 rnentioned 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 confirm all 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 person(s) or alone) in respect of all or any of the above; + It is expected that the Agent / Attorney shall comply with the Corporate Intellectual Property Policy and the Code of Business Principles. This Power of Attorney (general authorisation) is valid for a period of three years from the date of signing, rescinds, and replaces all previous authorities granted for Inteilectual Property matters. This power of authority hereby conferred shall 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 A ':''""X;*. b $ r ••O \n fl iii::iiI::Iii,I ; += :::rn•q1 • inTRA Fbyw C 20 1 8 4) AN 663468 q11g I R g;r::::18o4: 1g J i i =.e.fan. Coo ooo C 28 DEC 2818 :A Jq; ;iii } a3 g KNOW ALL MEN BY THESE PRESEVTS that HINDUSTAN UNiLEVER UMFTED, a Joint Stock Company incorporated under the Indian Companies Act, VII of 1913 (hereinafter referred to as "the Company") and having its Registered Office at Unitever House, B. D. Sawant Marg, Chaka la, Andhen East, Mumbai 400 099, doth hereby nominate constitute and appoint MS. VIIAYALAKSHMY MALKANI, a Manager of the Company, to be the true and lawful Attorney in fact and at law of us in India for us and in our name and on our behalf to do, execute and perform all or any of the acts, deeds, matters and things hereinaFter appearing, namely : A B B A !! i g & i BfI :1

¶1a wmmence, prosecute, enforce, defend, answer, oppose or appear or appeal in an'actions and other legal and quasi judicial proceedings and demands whether civil criminal, political or administrative including any proceedings under any latx>ur or industrial or trade mark legi5taUons in force from time to time and also to enforce by execution, attachment, distress, suit or otherwise any decree or award in our favour and to defend or resist any such process issued or used against us in any such action or proceeding as aforesaid to retain, employ and remunerate Advocates, Attorneys, Vakils and Pleaders and to sign and to give warrants, vakalatnamas and other necessary authorities and such retainers and authorities from time to time at pleasure to revoke. fI 9/Annexure . i tPm HR Affidavit C",y f C ':TIT.h :{,) :J •:. .,..,,l:LL+• Jo{}ever BoY E.D'Sair In: hI \d;<at go h';u Vh 8f= =:: ai ::: {:::fiJI A )Fell : I ) F:hI I .=\- • ' a r-=q )r + U sign and execute, enter into contracts, agreements, or such other arrangements with can$ulbnts, agents, vendors or such other persons for such services as the Attorney may think necessary and proper for efficiently carrying on the business of the Company . TO appear on our @half and plead, argue, and represent our interests before any court, civil, criminal, labour or industrial empowered by law to hear any suit or proceedings or any other enquiry relating to any of the matte s aforesaid. TO make, swear, sign, seal, execute, deNver and submit an declaration, returns, applications, bands, affidavits, pleadings, papers, deeds, documents and writings whatsoever, usual, nec%sary or expedient for or in furtherance of any of the purposes arising under or in connection with or of the Direct Tax Laws viz. Income Tax Act, 1961 and indirect Tax Laws viz. Customs Act, 1962, Goods and Service Tax L=ws and any other Local/State Indirect Taxes, the Central Excise and Salt Act IWt, erstwhile repeated Companies Act, 1956, Companies Act, 2013, Sick Industrial CZ>mpanies (Special Provisions) Act, 1985, the Factories Act, 1948, the Drugs and Cbsmebcs Act, 1940, local Shops and Establishments Act, Trade Marks Act 1999, Ttle Copyright Act 1957, Tbe Patents Act 1970, the Industries (Development and Regulations) Act, 1951, the Consumer Protection Act, 1986, the Legal Metrology Act, 2009, the CnmpeHtion Act, 2002, the Fmd Safety and Standards Act, 2006, as amended from bme to time and aN the Rules and regulations made thereunder and all such other laws of the Central/ State Government relating to employment of workmen, pollution control, excise, customs, transport by rail, land, sea or air, as are now in force or may hereafter come into force within India or any part thereof. q

¶5B accept aN notices, summons and papers whatsoever addressed to or served on the Ck)mpany by any Direct Tax Laws viz. Income Tax Act, 1961 and Indirect Tax Laws viz Customs Act, 1962, Goods and Service Tax Laws and any other Local/State Indirect Taxes authorities and/or Court within the said territory in relation to all or any matters arising under or in connection with !aws relating to Direct & Indirect Tax which are now or may hereafter be in force or under any other law in forae within the said tenkory. TO adjust, settle, compromise or submit to arbitration any accounts, debts, claims, demands or disputes touching any of the matters as aforuaid, to ask, demand, sue for, enforce payment and take possession or deliver an and recover and receive and give effectual receipts and discharges for aN or any of the assets of the Company including daims, moneys, securities for money, debts, goods, merchandise, chattels, personal estates of or to which the Company is now or hereafter may become entitled or which are or may become due owing payable or transferable to or enforceable by the Cnmpany from any person, company, corporation, Governmental authority or Court within the said territory. TO represent the Company More Government - Central or State, Direct Tax, Indirect Tax authorities, induding but not limited to Income Tax, Customs, Excise, Import and Export Ck>ntroi, Food and Drug Administration, Licensing,Municipal Local or any other pubIc My, authority(ies), officer or officers or any state or public financial institutions or banks and before all Courts of law, or tribunals for any puqx)ses connected with or relating to the business affairs, activities, operations or property of the Company AND to make and sign all reference, applicaUons, appeals, reference petitions or other representations on behalf of the Company to the Government or any of the aforesaid authorities, officers, institutions or banks.

¶8TO appint one or more substitute or substitutes from time to time to exercise an or any of the powers and authorities hereby conFerred and to revoke any such appointment from time to time.

¶9. AND GENERALLY to act in relation to the premises and on our tnhalf to execute do and perform an deeds, assurances, acts, matters and things as fully and effectuaily in all respects as we could do if personally present. AND we do hereby ratify and confirm and for ourselves, our successors and assigns covenant to ratify and confirm all and whatsoever the said Attorney shaH lawfully do or cause to be done in or about the premises by virtue of these presents including in such Cl confirmation whatsoever shall be done between the time of the revocation by means of this Power of Attorney and the time of such revocation tncoming known to the said Attorney; we do hereby expressly declare that these presents and the powers and authorities conferred are in addition to and not by way of !imit2tion af or substitution for any 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 uncancel led whether to the said Attorney or to any person or Fnrsons in India and that these presents are not intended to and shall not revoke or limit such other Power or Powers of Attorney; Former 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 tn deemed to .revoke, cancel or otherwise prejudice any of the powers or authorities conferred by these presents. fEfA WiTNESS WHEREOF we have caused our Common Seal to be hereunto affixed at Mumbai }SWay of Feb r UW_ , 2019. COMMON SEAL of the atx)vemenHoned UNiLWER LiMITED was affixed pursuant to a resolution of the Committee of the Board of Directors passed in that behalf on 4th day of February, 2019 affixed in the presence of g FOR AND ON BEHALF OF HINDUSTAN UNILEVER LIMrrED (.FkNi/V Name : Position : . S'?. i N I VA.S -?PIA-, Ak. Director Name : Position : i BEFORE HE ls–:=-20 IS SANJAY KUMAR PANDEY Aalocau & NdaD Gat at hda RIXImHO.7 SmITH KlfsMa Wd Chad SPm Compound Near UantfH Sch Int en U©qCaMhWlk)©h-ad tH Mumbak4(Xi 0608 - NOTEDATSR NO.n WE NOTAR IAL REGISTER :N. I ''''W"'* ' Advocates \R Jat\ida Bit:>i &qBIfBR/ DOB: 86/OX/397 S qR@ /F£MAL£ 4396 3626 45£8 a,bAb;42 FHiBO£f Mjb# l@ Fir;; lig If;$$ @ " fm3lg 1 1:#;!: g€ rRV=% Ig;}}} K££+-% li%?? I #WP Address q8 %gRt, gasina, North Twenty Four Parg aaas, West Bengal -'' 700135 {ijj g # & g gI g # :# 111111111111111 11111111 11111 a ##80%?{847 ###1 ,gavin www.,a@&}.gov,h aaa &x No. {$47 Bang&£uru-3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COM IP SUIT NO. 311 OF 2023 U) Unilever IP Holdings B. V and Am . . . Plaintiffs Versus Bindas Food and Agro Manufacturing . . . . Defendant CONSENT TERMS Dated 1 lth day of August 2023 Gautam & Co. (Advocate for the Plaintiff) 202, Dhun Building, C)pp. Janmabhoomi Bhavan, Janmabhoomi Marg, Fort, Mumbai - 400001 Enrollment No. MAH/2005/2003 Mob. No. 09819270732 Email Id : gautamandco99@gmail.com (O.S.Reg No.8236) IO