Ttk Prestige Ltd v. Mr Gurmeet Singh

O R D E R %

11.11.2024 th

¶2The present suit has been filed seeking permanent injunction, restraining the defendant/respondent no. 1 from infringement of the plaintiff's/petitioner's trademarks, copyright, passing off, rendition of accounts of profits/damages, delivery up etc. October, 2024 has been received from the Delhi High Court Mediation and Conciliation Centre.

¶3Vide order dated 02nd June, 2023, this Court had granted an ex-parte ad-interim injunction against the defendant/respondent no. 1, wherein, he was restrained from using mark or logo PRESTIGE/ or any other mark or logo, which is deceptively similar to the registered trademarks and device marks of the plaintiff/petitioner.

¶4The plaintiff/petitioner has also filed cancellation petition against the defendant/respondent no. 1, seeking cancellation of the trademark application registered under no. 1292459 under Class 09 for the mark PRESTIGE, dated 25th

¶5Vide order dated 05 June, 2004 in the name of respondent no.1. th August, 2024, the parties were referred to Delhi High Court Mediation and Conciliation Centre, wherein, they have successfully negotiated a settlement and executed a Settlement Agreement dated 25th

¶6Counsel for the parties have appeared today and have confirmed the terms of the settlement. They further pray that the suit be decreed in terms thereof and that the cancellation petition be also disposed off, in terms of the October, 2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Settlement Agreement.

¶7This Court has perused the terms of the settlement and finds the same to be lawful.

¶8As per the settlement, the defendant/respondent no. 1 has acknowledged the plaintiff/petitioner to be the proprietor of the trademark PRESTIGE/ label/logo and further acknowledges all the trade mark registrations of the plaintiff/petitioner.

¶9The defendant/respondent no. 1 acknowledges the plaintiff/petitioner to be the owner of copyright of the artistic work of

label/logo and undertakes not to challenge the same in future. Further, the defendant/respondent no. 1 has undertaken and agreed not to manufacture, sell, offer for sale, advertise (online or offline) in any manner, and/or directly or indirectly, use impugned mark PRESTIGE and/or any other deceptively similar trade mark/ label/logo as that of the trade mark/label/logo PRESTIGE .

¶10The defendant/respondent no. 1 proposes and confirms to use his new The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

mark/logo i.e. for limited purpose of sale of the 'Inverters' only. The defendant/respondent no. 1 confirms and assures not to use any mark which contains the word "Prestige" in it in any manner, with respect to any other goods or services apart from what has been agreed herein.

¶11Further, the defendant/respondent no. 1 agrees and undertakes not to oppose the Cancellation Petition filed by the plaintiff/petitioner i.e. CO (COMM-IPD-TM) 168/2023, wherein, cancellation of defendant/respondent no. 1's trademark registration has been sought.

¶12Accordingly, the present suit is decreed in favour of the plaintiff and against defendant no. 1 in terms of the Settlement Agreement dated 25th

¶13Parties shall remain bound by the terms and conditions of the settlement.

October, 2024, which shall form part of the decree.

¶14In terms of the settlement between the parties, the Cancellation Petition, i.e., CO (COMM-IPD-TM) 168/2023, is hereby allowed.

¶15The trade mark registration no. 1292459 for the mark PRESTIGE dated 25th

¶16The Trade Mark Registry is directed to carry out requisite rectification in the Register of Trade Marks. June, 2004 registered in the name of defendant/respondent no. 1, is hereby cancelled.

¶17In view of the fact that the parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full Court fees in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

favour of the plaintiff.

¶18Decree sheet be drawn up.

¶19The Registry is directed to supply a copy of the present order to the Trademark Registry, at E-mail: llc-ipo@gov.in, for compliance.

¶20Suit, along with the pending applications, as well as the cancellation petition, accordingly, stand disposed of.

MINI PUSHKARNA, J NOVEMBER 11, 2024 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 168/2023 & I.A. Nos. 11370/2023 & 11371/2023 TTK PRESTIGE LTD .....Petitioner Through: Mr. Manish Kumar Mishra with Ms. Saloni Kasliwal, Advocates. (M): 9111432161 versus MR GURMEET SINGH & ANR. .....Respondents Through: Mr. Raghav Bhalla, Advocate for respondent no. 1. (M): 9818958690 Email: advocate.shailenbhaha89@gmail.com + CS(COMM) 418/2023 & I.A. No. 11307/2023 TTK PRESTIGE LTD .....Plaintiff Through: Mr. Manish Kumar Mishra with Ms. Saloni Kasliwal, Advocates. (M): 9111432161 versus MR GURMEET SINGH .....Defendant Through: Mr. Raghav Bhalla, Advocate for respondent no. 1. (M): 9818958690 Email: advocate.shailenbhaha89@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 1. Settlement Agreement dated 25