FLAMAGAS,S A Vs. SHARAD (ALIAS RAJA)

JUDGEMENT

(1.) IA No.365/2015 (joint application u/O XXIII R -3 CPC)

(2.) VIDE order dated 28.11.2014, summons were issued in the suit to the defendant, returnable on 11.2.2015. On the said date, an interim order was granted in favour of the plaintiff, restraining the defendant and his representatives from manufacturing, marketing, distributing, advertising, importing, exporting or offering for sale, the lighters under the trademark "CLIPPER" as well as shape mark "CLIPPER" or any other mark or shape which is exclusively associated with the plaintiff. A Local Commissioner was also appointed to visit the premises of the defendant and make an inventory of the infringing products.

(3.) IT is jointly stated by the counsels for the parties that the Local Commissioner has executed the commission and thereafter, the parties have interacted with each other and arrived at an out of court settlement, as recorded in para 2 of the present application, whereunder the defendant has acknowledged the plaintiff to be the sole and exclusive owner of the trademark "CLIPPER", including its formative variants, distinctive packaging, etc., and he has undertaken not to manufacture, advertise, promote, export, market, sell, distribute, offer for sale distribute, export directly or indirectly any product, including lighters in the shape or packaging or under the mark "CLIPPER", as set out in para 13 of the plaint. The defendant has further undertaken that the products bearing the impugned packaging already in the market have been exhausted by him.