Bright Lifecare Private Limited v. Anshika Saxena & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 40/2025 and I.A. 1252/2025, I.A. 1255/2025 & I.A. 1256/2025 BRIGHT LIFECARE PRIVATE LIMITED .....Plaintiff Through:

Mr. Rishi Bansal, Mr. Rishab Gupta and Mr.

Indraneil Choudhury, Advocates.

versus ANSHIKA SAXENA & ANR.

.....Defendants Through:

Mr. N. Mahabir, Mr. Chetan Kumar Giri, Mr. Prakash Arya, Mrs. Praveen Arya & Mr. Nikhil Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 31.01.2025 1.

In terms of order passed by this Court on 24th January, 2025, counsel for the defendants has proposed a new mark 'MUSCLE REIGN' to be used by the defendant. A copy of the same has been handed over in Court. 1.1 The Registry shall scan and upload a copy of the same. 2.

Mr. Rishi Bansal, counsel appearing on behalf of the plaintiff, on instruction, submits that the plaintiff has no objection with regard to the proposed new mark.

3.

Counsel for the defendants submits that the defendants will remove all references to the impugned products from its website 'www.muscleraze.in' within a period of two weeks from today. However, he submits that the defendants may be permitted to state on its website for a period of four The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

weeks that the mark 'MUSCLE RAZE' used by the defendants has been changed to 'MUSCLE REIGN'. He further submits that the website shall be kept alive for a period of two months for the purposes of QR Code verification.

4.

The counsel for the defendant has also stated that the defendant shall not carry out any further promotional activity in respect of the impugned mark 'MUSCLE RAZE' on any social media platform. The defendant has also blocked access to various listings of the products bearing the impugned mark on various social media platforms.

5.

Further, in terms of the order passed by this court on 24th January, 2025, an affidavit giving details of the existing stock of the defendants already packed under impugned mark 'MUSCLE RAZE' has been filed on behalf of the defendants yesterday.

5.1 The Registry shall take the same on record.

6.

Counsel for the defendants seeks four weeks' time to exhaust the existing stock of the defendants' products bearing the impugned mark. 7.

Mr. Bansal is agreeable to all the aforesaid requests. 8.

Subject to the above, the suit is decreed in terms of prayer clauses 65 (a) and (b) of the plaint.

9.

The counsel for the plaintiff does not press for the remaining reliefs prayed for in the plaint.

10.

Decree sheet be drawn up.

11.

In view of the fact that the parties have arrived at a settlement at an initial stage, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, in terms of Section 16 of the Court Fees Act, 1870, as applicable to Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

All pending applications stand disposed of.

AMIT BANSAL, J JANUARY 31, 2025 pk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.