Glaxo Group Ltd v. United Biotech P. Ltd

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 480/2017 GLAXO GROUP LTD.

.....Plaintiff Through:

Mr.

Vardaan Anand, Advocate (M:9911167179) versus UNITED BIOTECH P. LTD.

.....Defendant Through:

Mr. Deepankar Mishra, Mr. Mohit Goel, Mr. Sidhant Goel, Advocates (M:9716746496)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.03.2025 1.

Learned counsels for the parties submit that the parties have arrived at a settlement. They have handed over the terms of settlement between the parties, which are reproduced, as under:

"(a) The defendant acknowledges that the plaintiff is the registered proprietor to the trademark HEPITEC under the registration number 802647 in class 05 for pharmaceutical preparations and substances. (b) The defendant undertakes not to manufacture, market, sell, offer for selling, advertise, directly or indirectly in any pharmaceutical preparations under the mark HEPROTEC or any other mark similar to that of the plaintiff's mark HEPITEC.

(c) The defendant undertakes to withdraw the trade mark application bearing number 1803347 for the mark HEPROTEC within 7 days of execution of the instant joint compromise application and further undertakes to not file any trade mark application for the aforementioned mark or any other deceptively similar mark to that of the plaintiff's registered trademark HEPITEC and shall not object to any trademark application or registration by the plaintiff pertaining to the trade mark HEPITIC.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:41:23

(d) In view of the above, plaintiff will forego their right to damages as claimed in the prayer paragraph 24 (e) and cost of the proceedings as set out in paragraph 24 (f), from the defendants. Further, the suit may decreed in favour of the plaintiff and against the defendant in terms of paragraph 24 (a) and paragraph 24 (b) of the plaint." 2.

Learned counsels for both the parties confirm the terms of the settlement and submit that the suit be decreed in terms thereof. 3.

This Court has perused the terms of the settlement and finds the same to be lawful.

4.

The parties are held bound by the terms of the settlement. 5.

Accordingly, with the consent of the parties, the suit is decreed in favour of the plaintiff and against the defendant, in terms of the settlement as captured hereinabove, and in terms of Para - 24 (a) and (b) of the plaint. 6.

Let decree sheet be drawn up.

7.

The present suit, accordingly, stands disposed of. MINI PUSHKARNA, J MARCH 12, 2025 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:41:23