Info Edge (India) Ltd v. Ms Shruti Attre & ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 710/2016 & I.A. No.7284/2016 (under Order XXXIX Rules 1 & 2 of the Code) INFO EDGE (INDIA) LTD ..... Plaintiff Through Ms. Nupur Lamba and Ms. Sonal Chhablani, Advs.

versus MS SHRUTI ATTRE & ORS ..... Defendants Through Mr.Hemant Singh and Mr. Shashi P.

Ojha, Advs for D-1 to D-4.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 12.05.2017 Parties have settled their dispute. Learned counsel for defendants No. 1 to 4 submits that he is willing to suffer a decree; under instructions from his client, he makes a statement that he would not be using the mark, name or logo which he has been using as the plaintiff has the registered trademark naukri.com. He would not be infringing the mark of the plaintiff by using any mark, trading as well logo or domain name which would be in any manner be identical/deceptively similar to the plaintiff‟s said mark „naukari.com‟ The defendants are ready to suffer a decree on this count. Learned counsel for the plaintiff has an apprehension; submission is that the defendants during the time when they were infringing upon the trade-name/mark of the plaintiff may have incurred certain liability which may be vested upon the plaintiff; her submission is that in such an eventuality, the defendants should

undertake to indemnify the plaintiff. The plaintiff undertakes to do the needful. Ordered accordingly.

Suit of the plaintiff is disposed of in terms of prayer at para 84 (b), (f), (g) and (h).

INDERMEET KAUR, J MAY 12, 2017