Facts
The plaintiffs brought a commercial suit alleging, among other matters, trademark infringement, passing off and copyright infringement arising from the defendants’ use of marks and material said to be associated with the plaintiffs’ products.
Source reference: p. 1–6During the proceedings, the parties resolved their dispute through a settlement agreement dated 8 September 2026.
Source reference: p. 7–9They filed a joint memo of compromise dated 5 October 2026 asking the Court to decree the suit in accordance with that agreement.
Source reference: p. 7–9The Court considered the settlement and joint memo.
Source reference: p. 10Issues
Whether the suit should be decreed in accordance with the parties’ settlement agreement and joint memo of compromise
Source reference: p. 7–10Whether the connected applications should be closed following the compromise
Source reference: p. 10Law Applied
Order XXIII Rule 3 of the Code of Civil Procedure, 1908, as invoked in the joint memo, provides for recording a lawful compromise and passing a decree in accordance with it; Section 151 CPC was also invoked as the Court’s source of inherent powers.
Source reference: p. 7The judgment identifies no precedent or separate substantive rule, and does not decide the underlying trademark or copyright claims on their merits.
Source reference: p. 2–6Reasoning
The parties represented that they had settled the dispute and jointly requested a decree on the settlement terms.
Source reference: p. 10The Court accepted that request, decreed the suit in terms of the settlement agreement dated 8 September 2026, and made both the agreement and the joint memo dated 5 October 2026 part of the decree.
Source reference: p. 10Holding
The Court decreed the suit in terms of the settlement agreement dated 8 September 2026, as affirmed by the joint memo of compromise dated 5 October 2026; both documents form part of the decree.
The connected applications were closed, with no order as to costs.
Source reference: p. 10Acts & Sections Cited
10 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.
Trade Marks Act, 19996
Copyright Act, 19571
Code of Civil Procedure, 19081
Original Court PDF
TMY Products LLC AND ANOTHERvsSapna Kumari Sole Proprietrix of Niyaara Cosmetics
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