Sony Kabushiki Kaisha v. Mr. Batchawala Narsingam & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 673/2018 & I.A.Nos.3029-3034/2018 SONY KABUSHIKI KAISHA ..... Plaintiff Through Ms.Anuradha Salhotra with Mr.Sumit Wadhwa and Ms.Mallika Ahluwalia, Advocates.

versus MR. BATCHAWALA NARSINGAM & ORS ..... Defendants Through Mr.Mohan Vidhani with Mr.Rahul Vidhani, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.03.2018 Present suit has been filed for permanent injunction, infringement of trade mark, passing off and rendition of accounts of profits.

Today Mr.Mohan Vidhani enters appearance on behalf of all the defendants. His vakalatnama is taken on record. Learned counsel for the defendants, on instructions of defendant no.4-Mr.Suresh Kumar Bachawala and defendant no.5Mr.Rakesh Roshan, who are personally present in Court, states that the defendants have no objection if the present suit is decreed in accordance with prayers (a) & (c) of the plaint. Learned counsel for the defendants also states that the defendants after 31st December, 2018 shall use the mark 'SOMU'. He

also assures this Court that the defendants shall prior to 31st December, 2018 take steps for cancellation of their mark 'SOMY' as well as withdraw all other applications for registration of the marks 'SONY' and/or 'SOMY'.

In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for any other relief in the present suit. Consequently, the statements made by learned counsel for both the parties are accepted by this Court and the parties are held bound by the same. Accordingly, the present suit is decreed in accordance with paragraphs 55(a) and 55(c) of the plaint as well as the statement made by learned counsel for the defendants. Registry is directed to prepare a decree sheet accordingly.

It is, however, clarified that the defendants are at liberty to dispose of all their existing stock on or before 31st December, 2018. With the aforesaid observations, present suit and pending applications stand disposed of.

MANMOHAN, J MARCH 09, 2018 KA