ANCHOR HEALTH & BEAUTY CARE PVT. LTD. vs RAGHAV LIFESTYLES PRODUCTS & ANR

$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 841/2018
ANCHOR HEALTH & BEAUTY
CARE PVT. LTD. ….. Plaintiff
Through: Ms. Arushi Singh, Ms. Anjalika Arora and Ms. Manviya Arun, Advocates.

versus

RAGHAV LIFESTYLES PRODUCTS & ANR ….. Defendants
Through:

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 22.12.2023

I.A. 26207/2023
1.The disputes between the parties stand settled and a joint application under Order XXIII Rule 3 of the Civil Procedure Code, 1908 (‘CPC’) has been filed, which is signed by the parties as well as the learned counsel.

2.The terms of the settlement read thus:

i.“The Plaintiff states that they are the proprietor of the Trade Mark/tag line “CLOVE POWER”.
ii.The Defendants undertake not to use the marks/tag line ‘CLOVE POWER’ as a word or in a logo form in relation to dental care products including tooth paste and/or any otherdental care products manufactured marketed by the Plaintiff. The Defendant shall however be free to use the words CLOVE and POWER separately or theindividual words ‘clove’ or ‘power’in combination with any other wordsfor oral care products including toothpaste, toothpowder,toothbrush and any other products.
iii.The Defendants shall not, in the future, adopt and/or usethe marks/tag line “CLOVE POWER” as a word or in a logo form.
iv.It is agreed between the parties that the rights of the Plaintiff are in the combination “CLOVE POWER” and therefore the defendant shall be free to use CLOVE and POWER separately or theindividual words ‘clove’ or ‘power’in combination with other words for oral care products or any other products.
v.The plaintiff consent to the Defendants exhausting the stocks bearing the mark/tagline “CLOVE POWER” within 6 months from the date of final order in the present suit and not later than 31st March,2024.
vi.In consideration of the above terms, the Plaintiff gives up its claims for costs, damages, rendition of accounts etc.
vii.By signing this Settlement Agreement, the Parties hereto state all the disputes and differences in the present Suit have been amicably settled by the Parties.
viii.The Parties agree that in view of the terms mentioned in the present Settlement Agreement, the present Suit may be disposed off.”

3.Both the parties are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms of the settlement.

4.The Court has perused the terms of the settlement and find them to be lawful and in order.

5.As such, the dispute in the suit does not survive for consideration.

6.The suit stands decreed in terms of the settlement terms reproduced hereinabove by which the parties shall remain bound.

7.Let a decree sheet be drawn up accordingly.

8.The plaintiff shall be entitled to refund of 50% of the court fees positively.

9.The next date fixed in the matter, i.e. 18 January 2024 stands cancelled.

C.HARI SHANKAR, J
DECEMBER 22, 2023
kd
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