The Absolut Company Aktiebolag & ANR v. National Industrial Corporation Ltd.

#12 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 739/2018 & I.A. 3696-3697/2018 THE ABSOLUT COMPANY AKTIEBOLAG & ANR ..... Plaintiffs Through Mr. Hemant Singh with Ms. Mamta Jha, Mr. Manish K. Mishra and Ms. Akansha Singh, Advocates versus NATIONAL INDUSTRIAL CORPORATION LTD. ..... Defendant Through Mr. P.N. Sewak with Ms. Shefali Sewak, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.03.2018 Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off, unfair competition, damages/rendition of accounts and delivery up etc. Mr. P.N. Sewak, Advocate enters appearance on behalf of the defendant. He has handed over his memo of appearance, which is taken on record. He states that he has instruction to submit that defendant is agreeable to the suit being decreed in accordance with the paragraph 33(i), (ii) and (iii) of the plaint, provided the defendant is given three months time to change the impugned logo/label/trade dress. In view of the aforesaid statement/undertaking, learned counsel for the plaintiff does not wish to press the present suit any further.

The statement/undertaking given by learned counsel for the defendant is accepted by this Court and defendant is held bound by the same. Learned counsel for the defendant is directed to file his Vakalatnama within a period of one week.

Consequently, present suit is decreed in accordance with paragraph 33(i), (ii) and (iii) of the present plaint as well as aforesaid statement/undertaking given by learned counsel for the defendant. Registry is directed to prepare a decree sheet accordingly. With the aforesaid directions, present suit and pending applications stand disposed of.

MANMOHAN, J MARCH 16, 2018 rn