Ashland Licensing And Intellectual Property Llc & ANR v. Dinesh Mahajan & ORS
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 185/2016 & IA Nos.10946/2015 (u/O 39 R-1&2 CPC), 12907/2015 (of D-4 to 6 u/O 39 R-4 CPC) & 22006/2015 (u/O 12 R-6 CPC) ASHLAND LICENSING AND INTELLECTUAL PROPERTY LLC & ANR ..... Plaintiffs Through:
Mr. C.A. Brijesh with Mr. Peeyoosh Kalra, Mr. Rosalyn Malik & Mr.
Sumit Srivastava, Advs. with Mr.
Tarun Sati, Manager (Legal), Valvoline Cummins Pvt. Ltd.
versus DINESH MAHAJAN & ORS ..... Defendants Through:
Mr. S.K. Bansal with Mr. A.A.
Suman & Mr. Amit Chanchal Jha, Advs. for D-4 to D-6 with Mr. Dinesh Mahajan.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 20.07.2016 1.
This order is in continuation of the earlier order dated 12th July, 2016. 2.
The counsel for the defendants has fairly stated that the defendants are willing to change their trademark from 'TAVOLINE' to 'TAVOLUBE' and use the logo as depicted in Ex.C-1 handed over today in the Court. It is also stated that the name of the defendant no.3 Tavoline Petro (India) Pvt. Ltd. has already been changed to Tavolube Petro (India) Pvt. Ltd. A copy of the Certificate of Incorporation pursuant to change of name issued by Registrar of Companies, Bangalore is handed over and for identification is exhibited as Ex.C-2.
CS(COMM) 185/2016
3.
The counsel for the plaintiffs has also fairly stated that the plaintiffs will not press for other reliefs if the defendants also withdraw all the pending applications for trademark 'TAVOLINE' and also have the registration already obtained of the trademark 'TAVOLINE' cancelled. 4.
The counsel for the defendants is agreeable thereto and states that the needful will be done within two weeks of today. 5.
The suit is decreed in terms of today's order which is to form part of the decree sheet, leaving the parties to bear their own costs. 6.
Decree sheet be prepared.
7.
Exhibits C-1 and C-2 to be also annexed to the decree sheet. RAJIV SAHAI ENDLAW, J JULY 20, 2016 'gsr'..
CS(COMM) 185/2016