Portronics Digital Private Limited v. Tania Ghosh & ORS.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 415/2024, I.A. 29592/2024 , I.A. 29593/2024 , I.A. 29594/2024 & I.A. 29595/2024.

PORTRONICS DIGITAL PRIVATE LIMITED ..... Plaintiff Through:

Mr. Sumit Nagpal & Ms. Aashta Sood, Advs.

versus TANIA GHOSH & ORS.

..... Defendants Through:

Mr. Dhiraj Abraham Philip & Mr. Febin Nathew Varghese, Advs.

for D-1

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.05.2024 1.

It is noted that before the suit got listed, parties have attempted to resolve the matter between themselves. Counsel for defendant no.1 appears and states on instructions that defendant no.1 shall not use the impugned mark 'PORTNIX' and shall withdraw the registration application No.5814135 in class 9 of the Trade Mark Registry. He further states that defendant no.1 shall disable the use of domain www.portnix.com which is run and maintained by defendant no.1.

2.

As regards the goods which are already in the market, in view of statements made by counsel for defendant no.1, counsel for the plaintiff has no objection to the same.

3.

The matter therefore stands resolved in these terms. There is no necessity to issue summons and notices in the matter. Parties will be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:44:05

bound by the undertaking given hereinabove.

4.

The suit stands disposed of along with all pending applications. 5.

In view of the above, entire Court Fee be refunded to the counsel for plaintiff. Registry is directed accordingly.

6.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 20, 2024/sm/rj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:44:05