REDDYS LABORATORIES LIMITED Vs. JITENDRA GOYAL

JUDGEMENT

(1.) The hearing has been conducted through video conferencing. 1. Plaintiff has prayed for an order for permanent injunction restraining the defendants, its proprietors, officers, servants, employees, dealers, agents, representatives, distributors and all other persons acting on behalf of defendants from marketing, supplying, selling and offering for sale, advertising directly or indirectly medicinal and pharmaceutical preparations under the trade mark NISE, ULTRA NISE & OMEZA and/or any other trade mark deceptively similar to the plaintiff's trade mark, which is likely to cause confusion or deception amounting to infringement of the plaintiff's trade mark and/or passing off its goods and business. A direction is also sought against the defendants to remove all listing of plaintiff's trade mark NISE, ULTRA NISE & OMEZA made on B2B and B2C websites or portals that may be used by the defendants to promote its products bearing mark ULTRA NISE & OMEZA or any other identical or deceptively similar trade mark. Besides, plaintiff has also sought disclosure by defendant of total sale of products under plaintiff's trade mark; delivery upon affidavit of defendant to destroy the offending material, products, labels etc in its possession and decree of damages to the tune of Rs.2,00,00,010/-.

(2.) By order dated 18.09.2020, the present suit was decreed in favour of plaintiff and against defendant No.1 in terms of settlement reached between the two. Further, vide order dated 25.02.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for exploring settlement between plaintiff and defendants No. 2 & 3.

(3.) A report from Mediation and Conciliation Centre of this Court dated 08.04.2021 has been received indicating that the parties have amicably resolved their disputes vide Settlement Agreement dated 08.04.2021.