Harley-Davidson Motor Company, Inc v. Patel Brijesh Kumar Balubhai And ANR.

$~35, 39 and 40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 3415/2025 In + C.O. (COMM.IPD-TM) 90/2024 HARLEY-DAVIDSON MOTOR COMPANY, INC .....Petitioner Through:

Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates versus PATEL BRIJESH KUMAR BALUBHAI AND ANR.

.....Respondents Through:

Mr. Sanjeev Kataria, Advocate.

+ C.O. (COMM.IPD-TM) 188/2024 HARLEY-DAVIDSON MOTOR COMPANY, INC. .....Petitioner Through:

Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates.

versus PATEL BRIJESH KUMAR BALUBHAI AND ANR......Respondents Through:

Mr. Sanjeev Kataria, Advocate.

+ C.O. (COMM.IPD-TM) 189/2024 HARLEY-DAVIDSON MOTOR COMPANY, INC. .....Petitioner Through:

Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates.

versus PATEL BRIJESH KUMAR BALUBHAI AND ANR......Respondents Through:

Mr. Sanjeev Kataria, Advocate.

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

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.02.2025 I.A. 3415/2025 in C.O. (COMM.IPD-TM) 90/2024 (under Order XXIII Rule 3, CPC) 1.

This application has been filed under Order XXIII Rule 3 of the CPC, 1908, for recording terms of settlement arrived at between the petitioner and the respondents.

2.

The application is duly supported by affidavits of the authorized representatives of the petitioner and the respondent no.1. 3.

The terms of settlement are recorded in paragraph no.3 of the application.

4.

I have gone through the terms of the settlement and find the same to be lawful.

5.

The parties shall remain bound by the terms of the settlement. 6.

Mr. Ranjan Narula, counsel appearing on behalf of the petitioner submits that the petitioner does not have any objection to the amended logo adopted by the respondents and referred to in paragraph no. 3 (VIII) of the present application.

7.

Insofar as obligations in paragraph no. 3 (V) of the present application are concerned, Mr. Sanjeev Kataria, counsel for the respondents submits that the respondents shall comply with the same within two weeks from today. 8.

The application stands disposed of in the aforesaid terms. C.O. (COMM.IPD-TM) 90/2024, C.O. (COMM.IPD-TM) 188/2024 and C.O. (COMM.IPD-TM) 189/2024 9.

In view of the order passed in I.A. 3415/2025 above, the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rectification petitions are allowed.

10.

The Registrar of Trademarks is directed to remove the trademark registrations, as detailed in the table below: Case No.

Registration No.

Class Impugned Mark C.O. (COMM.

5769777 IPD-TM) 90/2024 C.O. (COMM.

5769778 IPD-TM) 189/2024 C.O. (COMM.

492433 IPD-TM) 188/2024 11.

The Registry is directed to supply a copy of the present order to the Trademark Registry, at e-mail - "llc-ipo@gov.in" for compliance. 12.

The petitions stand disposed of.

AMIT BANSAL, J FEBRUARY 10, 2025 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.