Red Bull Ag & ANR. v. Sumeet Gupta Trading As Hygen Agro & ANR.

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 220/2021 & I.A. 6220/2021 RED BULL AG & ANR.

.....Plaintiffs Through:

Ms. Apurva Bhutani and Mr. Naqeeb Nawab, Advs.

M: 9999175083 Email: info@zeusip.com versus SUMEET GUPTA TRADING AS HYGEN AGRO & ANR.

.....Defendants Through:

Mr. Kamal Garg, Adv.

M: 9811270502 Email: kamalgarg.adv@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.10.2024 1.

The present suit has been filed for permanent and mandatory injunction for restraining infringement of trademarks as well as passing off, damages, delivery up, rendition of account, etc. against the defendants. 2.

Vide order dated 07th May, 2021, this Court had passed an ex-parte ad-interim injunction in favour of the plaintiffs and against the defendants, whereby, the defendants and other persons under them, were restrained from using the impugned marks/trade dress or any other device, logo, domain name or trade name, which were deceptively or confusingly similar to the plaintiff's registered and prior trademarks.

3.

The matter was referred to Delhi High Court Mediation and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Conciliation Centre vide order dated 14th February, 2024, wherein, the parties have settled their disputes.

4.

Learned counsel appearing for the parties confirm the terms of the settlement and pray that the suit be decreed in terms of the prayer clause in the plaint, as well as in terms of the settlement. 5.

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

6.

In terms of the settlement, the defendants have admitted that the plaintiff has superior rights and is the lawful proprietor of its trademarks, i.e., RED BULL, BULL, .

7.

The defendants further admit that the offending use of the marks by the defendants, amounted to infringement and/or passing off of the RED BULL marks of the plaintiff. The defendants have undertaken that they have discontinued the use of the impugned marks and do not have any intention to use the impugned marks/label in any manner.

8.

In terms of the settlement between the parties, the defendants have already paid a sum of ₹1,50,000/- to the plaintiffs, receipt of which, is confirmed by learned counsel appearing for the plaintiffs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

In terms of the settlement, the plaintiff admits that the present settlement shall not prejudice the rights of the defendants in the mark 'MANIA'

in any manner.

10.

Accordingly, the present suit is decreed in terms of Prayer Clause in Para 71(a), 71(b) and 71(d) of the plaint, and in terms of the Settlement Agreement between the parties, which shall form part of the decree. 11.

The parties are held bound by the terms of the settlement. 12.

In view of the fact that parties have settled their disputes, the Registry is directed to issue a certificate for refund of full Court Fees in favour of the plaintiff.

13.

At this stage, learned counsel appearing for the plaintiff submits that the Court Fees be refunded in the name of Counsel for the plaintiffs, i.e., Zeus IP Advocates LLP.

14.

Accordingly, it is directed that the Registry of this Court shall refund the full Court fees in favour of the counsel for the plaintiffs, as aforesaid. 15.

Let decree sheet be drawn up.

16.

Accordingly, the suit along with the pending applications stand disposed of.

MINI PUSHKARNA, J OCTOBER 15, 2024/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.