Red Bull Ag v. Vandana Chetankumar Maraviya Trading As Vandana Beverages & ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 203/2023 & I.As. 6563/2023, 11763/2023 RED BULL AG ..... Plaintiff Through:

Ms. Sejal Tayal, Ms. Neeharika Chauhan and Ms. Apurva Bhutani, Advocates.

versus VANDANA CHETANKUMAR MARAVIYA TRADING AS VANDANA BEVERAGES & ORS.

..... Defendants Through:

Mr.

Narendra Kumar Goyal, Advocate for D-1 & 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 24.05.2024 1.

The Plaintiff has filed the present suit for infringement and passing off of their trademark "RED BULL", "

", the Single Bull device "

", the Double Bull device "

", the Blue/Silver Trapezoid device "

", collectively represented as "

" and other formative marks thereof.1 Through the present suit, Plainitff seeks to restrain the Defendants from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

using the marks "

", "

", the trade dress "

" and/or any other mark deceptively or confusingly similar to the Plaintiff's Trademarks, therby amounting to infringement and passing off of the Plaintiff's Trademarks.

2.

During the course of proceedings, parties were referred to mediation before the Delhi High Court Mediation and Conciliation Centre, where they have successfully resolved their disputes amicably. Pursuant to Settlement Agreement dated 16th September, 2023, the suit has been decreed qua Defendant No. 2 on 25th April, 2024, 3.

Now, the Plaintiff and Defendants No. 1 & 3 have also agreed to settle the matter and have executed Settlement Agreement dated 15th March, 2024, before the Delhi High Court Mediation and Conciliation Centre. The same has been duly signed by the said parties, and is accompanied with a letter of authorisation in favour of authorised representatives of Plaintiff. 4.

In terms of the settlement, the counsel for Defendants No. 1 & 3 has handed over a demand draft/ pay order for the amount of INR 5 lakhs agreed to be paid towards full and final settlement of the Plaintiff's monetary claims. The receipt is duly acknowledged by the counsel for Plaintiff. 5.

Counsel for the parties mentioned in the appearance above confirm 1 "Plaintiff's Trademarks"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the terms of settlement and pray for the suit to be decreed in terms of the Settlement Agreement dated 15th March, 2024.

6.

The Court has perused the said terms and finds the same to be lawful. 7.

Accordingly, the present suit is decreed in favour of the Plaintiff and against Defendants No. 1 & 3, in terms of the Settlement Agreement dated 15th March, 2024, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement. 8.

In view of the fact that parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full Court fees, in favour of the Plaintiff's counsel, subject to the Plaintiff filing an affidavit authorising their counsel to receive the same on their behalf.

9.

Decree sheet be drawn up.

10.

Suit and pending applications stand disposed of. SANJEEV NARULA, J MAY 24, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.