Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 172/2021 & I.A. 12998/2023
LIVGUARD ENERGY TECHNOLOGIES PVT LTD.
..... Petitioner
Through: Mr. Jithin M. George and Mr.
Udit Tiwari, Advs.
versus
MOHAMMAD AKIL AND ANR ..... Respondents
Through: Mr. Gurpreet Gulati, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 19.07.2023
I.A. 12998/2023 ( under Order XXIII Rule 3 of the CPC )
1. The dispute between the parties in C.O. (COMM.IPD-TM)
172/2021 stands settled and a joint application has been moved by the
parties under Order XXIII Rule 3 of the Code of Civil Procedure,
1908 (CPC).
2. The terms of settlement as contained in this application read
thus:
a) “The Respondent No.1 recognizes and acknowledges the
Petitioner's exclusive proprietary rights in the trademarks
LIVFAST/
.
b) The Respondent No.1 confirms that it has already stopped
C.O. (COMM.IPD-TM) 172/2021 Page 1 of 5
Signature Not Verified
Signed By:HARIOM
Signing Date:20.07.2023
12:23:17
using the mark LEFAST/
or any other deceptive
variations thereof in relation to the products manufactured by it,
namely batteries, home UPS batteries, batteries for vehicles,
electric batteries, stabilizers, solar batteries, etc. and is now using
the mark “ SPEEDLINE ” in relation to the said products.
c) Respondent No.1 undertakes that it will not use, advertise
or sell any products under the mark LEFAST/
or
any other deceptive variations thereof or any other mark which is
identical or confusingly similar to the Petitioner’s mark
LIVFAST/
in any manner whatsoever, including but not
limited to as a trade mark, trading/corporate name, domain name,
social media handle, etc. at any time in future.
d) The Respondent No.1 further undertakes not to file any
application for registration of mark LEFAST/
or
any other deceptive variations thereof or any other mark which is
identical or deceptively similar to the Petitioner’s mark
LIVFAST/
at any time in future.
e) The Respondent No.1 undertakes not to challenge the
proprietary rights of the Petitioner in the marks
LIVFAST/
.
f) Within fifteen (15) days of signing the present settlement
application, the Respondent No.1 undertakes to take all appropriate
steps to ensure that the domain name <lefast.in> is taken
down/cancelled.
g) Within fifteen (15) days of signing the present settlement
application, the Respondent No.1 undertakes to instruct in writing
all third-party e-commerce/trading websites such as India Mart,
Just Dial, Olx, etc. to take down/cancel its listing from their
websites which carry information or photographs of its products
bearing the mark LEFAST and to take all appropriate steps,
including but not limited to writing follow up letters, to ensure that
these websites take down the said listings.
h) Within seven (7) days of signing the present settlement
application, the Respondent No.1 will take down its social media
accounts on websites such as Facebook, Instagram, Twitter, etc
C.O. (COMM.IPD-TM) 172/2021 Page 2 of 5
Signature Not Verified
Signed By:HARIOM
Signing Date:20.07.2023
12:23:17
which carry listings or photographs or information pertaining to the
trade mark LEFAST.
i) The Respondent No.1 undertakes to destroy all packaging
material, magazines, brochures, pamphlets or any other publicity
material bearing the mark LIVFAST/
or any other
deceptive or confusingly similar variations thereof within seven (7)
days of signing the present agreement.
j) The Respondent No.1 has informed the Petitioner that it has
some left-over stock of goods bearing the mark
LEFAST/
. The Respondent No.1 has sought the
Petitioner's permission to exhaust its existing stock of goods
bearing the mark LEFAST/
. In this regard, the
Respondent No.1 is seeking time till June 30, 2023 to exhaust its
existing stock of goods bearing the mark
LEFAST/
. The Respondent No.1 undertakes that
it will not sell any products bearing the mark
LEFAST/
or any deceptive variation thereof after
June 30, 2023.
k) Respondent No.1 agrees and undertakes that within one
week of signing the present settlement application, it will file an
appropriate request under form TM-P before the Trade Marks
Office seeking cancellation of the registration of the mark
LEFAST, registered under no. 4059607 in class- 9 (Impugned
Registration) and provide a copy thereof duly acknowledged by the
Trade Marks Office to the Petitioner's counsel.
l) Respondent No.1 agrees and undertakes that within one
week of signing the present settlement application, it will file an
appropriate request under form TM-P before the Trade Marks
Office seeking cancellation of the registration of the mark
registered registered under no. 4380874 in class -
9, against which the Petitioner has filed a separate rectification
petition (bearing no. 271213) which is pending before the Trade
Marks Office, and provide a copy thereof duly acknowledged by
the Trade Marks Office to the Petitioner's counsel.
m) In view of the above undertakings made by the Respondent
No.1, the Petitioner agrees to grant the Respondent No.1 time till
C.O. (COMM.IPD-TM) 172/2021 Page 3 of 5
Signature Not Verified
Signed By:HARIOM
Signing Date:20.07.2023
12:23:17
June 30, 2023 to exhaust its existing stock of goods bearing the
. The Petitioner further agrees to
not to press for any costs of the proceedings.
n) In view of the above undertakings made by the Respondent
No.1 and subject to the Respondent No.1 complying with the same
the Petitioner agrees not initiate any legal action against the
Respondent no.l with respect to the mark
mark LEFAST/
LEFAST/
. However, if the Respondent No.1
violates any of the above terms, the Petitioner will be entitled to
avail the appropriate legal remedies available to it under law.”
3. Parties are represented by learned Counsel. Mr. George, learned
Counsel for the plaintiff draws my attention to para “k” and “l” of the
terms of settlement, wherein Respondent 1 has undertaken to file
applications before the Trade Marks Registry for cancellation of the
.
word mark LEFAST as well as the device mark
4. He prays that the Registry of Trade Marks may be directed to
cancel the aforesaid marks, instead of wating for an application to be
filed by the respondent and action to be taken thereon.
5. In view thereof, the Trade Marks Registry is directed to cancel,
forthwith, the word mark LEFAST registered under no. 4059607 in
class 9 and the device mark
registered under no.
4380874 in class 9 in favour of Respondent 1.
6. Nothing further survives for adjudication in the present petition.
C.O. (COMM.IPD-TM) 172/2021 Page 4 of 5
Signature Not Verified
Signed By:HARIOM
Signing Date:20.07.2023
12:23:17
7. The petition is accordingly disposed of in terms of the aforesaid
settlement and the directions issued today.
C. HARI SHANKAR, J.
JULY 19, 2023
ar
C.O. (COMM.IPD-TM) 172/2021 Page 5 of 5
Signature Not Verified
Signed By:HARIOM
Signing Date:20.07.2023
12:23:17