Exxon Mobil Corporation v. Mr. Ramesh Nayak & ORS
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 576/2017 & I.As. 9939-9940/2017 AND 77/2018 EXXON MOBIL CORPORATION ..... Plaintiff Through: Ms. Anuradha Salhotra, Advocate with Mr. Achal Shekhar, Advocate.
versus MR. RAMESH NAYAK & ORS ..... Defendants Through: Mr. Nishant Kr. Srivastava, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 22.01.2018 Today also, learned counsel for defendants reiterates that the defendants shall not use the mark EXXON or XXON or any name/mark or domain name or trading style identical or deceptively similar to the plaintiff's mark EXXON.
Learned counsel for defendants further states that the name of the defendant company shall be changed and defendant No.2 shall be wound up/closed down and the domain name www.xxonglobal.com shall be transferred to the plaintiff.
In view of the aforesaid statements, learned counsel for plaintiff does not pray for any of the other reliefs except for some reasonable costs. Learned counsel for defendants states that the financial condition of the defendants is not good. He, however, states that the defendants shall pay
Rs.25,000/- as costs to the plaintiff and the aforesaid undertakings given by the defendants shall be complied within a period of four weeks. The aforesaid offer is acceptable to the learned counsel for plaintiff. The statements made by the learned counsel for parties are accepted by this Court and parties are held bound by the same. Accordingly, the present suit is decreed in accordance with the undertakings/statements given by the learned counsel for defendants. Registry is directed to prepare a decree sheet accordingly. Registry of this Court is also directed to issue to an authorised representative of the plaintiff a certificate authorizing it to receive back from the Collector full amount of the Court fee paid by it in the present suit. With the aforesaid observations, the present suit and pending applications stand disposed of.
MANMOHAN, J JANUARY 22, 2018 js