High Court of DelhiCS(COMM)/6/2018

Marico Limited v. Aa Marketing & ORS

2018-05-14Hon'Ble Mr. Justice Manmohan2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 6/2018 & I.A.No.98/2018 MARICO LIMITED ..... Plaintiff Through Ms.Shika Sachdeva with Mr.Prabhat Kalia, Ms.Mughda Palsue and Ms.Kripa Pandit, Advocates.

versus AA MARKETING & ORS ..... Defendants Through Mr.Subodh K.Pathak with Mr.Aadil Alvi and Ms.Pranita Shekhar, Advocates for D-1 & 2.

Mr.Brijesh Johar, Advocate for D-3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.05.2018 Present suit has been filed for infringement of trademarks and copyright, passing off, unfair trade competition, injunction and damages.

Today learned counsel for defendant nos.1 & 2 states that he has no objection if the present suit is decreed in accordance with prayers A (i) and (ii) of the prayer clause in the plaint. He further states that the said defendants are willing to pay costs of Rs.2,00,000/- to the plaintiff in two equated monthly installments. He also states that the infringing labels as well as the bottles bearing the infringing design shall be handed over to an authorized representative of the

plaintiff within a period of two weeks.

Learned counsel for defendant no.3 states that the said defendant has never carried out the business in oils. He further assures this Court that defendant no.3 shall not deal with or sell any plaintiff‟s products and/or any products infringing the plaintiff‟s trademark/trade name.

In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for any other or further relief. The statements made by counsel for the parties are accepted by this Court and the parties are held bound by the same. Consequently, the present suit is decreed in accordance with prayers A (i) and (ii) of the plaint along with costs of Rs.2,00,000/- against defendant nos. 1 and 2. The costs shall be paid to the plaintiff in two equated monthly installments. The first installment shall be paid on or before 07th June, 2018. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J MAY 14, 2018 KA