M/S. Gupta Tobacco Company v. Sunder Lal Goyal

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 481/2016 & CM No.15722/2016 M/S. GUPTA TOBACCO COMPANY ..... Petitioner Through:

Mr. Sudhanshu Batra, Sr. Adv. with Mr. Jogy Scaria, Mr. Gyan Prakash Bansal and Ms. Beena Victor, Advs.

versus SUNDER LAL GOYAL ..... Respondent Through:

Ms. Anisha Chopra, Adv.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 02.05.2016 CM No.15722/2016 Allowed, subject to just exceptions.

CONT.CAS(C) 481/2016 1.

Issue notice. The respondent is present along with his counsel and he submits that the has stopped using the petitioner's trademark "Nevla" as well as the similar trademark "Nehla"

in respect of which the consent decree was passed by this Court in CS (OS) 853/2015 on 24th August, 2015. The respondent undertakes not to use the aforesaid trademarks in future. The respondent further undertakes to withdraw the trademark application filed in respect of the petitioner's trademark "Nevla" as well as the "Nehla" within a period of four weeks from today. The undertaking of the respondent is accepted.

2.

The petition is disposed of in terms of the undertaking given to this Court by the respondent.

3.

Copy of this order be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

MAY 02, 2016/ak