Olive Bar And Kitchen Pvt. Ltd. v. Olive Roots India Pvt. Ltd.

#5 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 741/2018 & I.A. 3759/2018 & I.A. 5451/2018 OLIVE BAR AND KITCHEN PVT. LTD. ..... Plaintiff Through Mr. Deo Prakash Sharma with Mr. Brajesh Kumar Srivastava and Mr. Prabhakar Mehar, Advocates versus OLIVE ROOTS INDIA PVT. LTD. ..... Defendant Through Mr. Anmol Jain, Advocate with Ms. Sanjeevani Mittal and Mrs. Charu Sangwan, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.07.2018 Present suit has been filed for permanent injunction, restraining infringement of trademarks, passing off, rendition of accounts and damages. Today, learned counsel for defendant states that defendant is not using the impugned mark OLIVE any longer. He further states that the defendant has no objection if the present suit is decreed in accordance with paragraph 60(i) and (iv) of the plaint. He, however, states that the defendant be given reasonable time to change its corporate name. In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for any other relief.

The statements made by learned counsel for the defendant are

accepted by this Court and defendant is held bound by the same. The defendant is directed to change its corporate name within eight weeks The suit is decreed accordingly. Registry is directed to prepare a decree sheet.

Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by them in the present suit. With the aforesaid observations, present suit and pending applications stand disposed of.

As a token of acceptance of the order passed today, learned counsel for the defendant is directed to sign the order sheet. MANMOHAN, J JULY 18, 2018 rn