HINDUSTAN PENCILS LTD Vs. ZEBRA INDUSTRIES

JUDGEMENT

(1.) The plaintiff has filed a suit for permanent injunction, infringement of copyright, passing off, delivery up, rendition of accounts, etc. in respect of the packaging (Annexure - X), which is stated to be a substantial reproduction of the plaintiff's packaging (Annexure - E). The packaging is known as ZEBRA SCALE 15 CM.

(2.) The parties have now settled their disputes and have field a compromise application.

(3.) In terms of the application, the defendant has admitted and confirmed that plaintiff is the owner of the packaging carton of NATRAJ SCALE 15 CM (Annexure - E) and that he will not use packaging Annexure - X or any packaging deceptively similar to Annexure - E. The defendant also confirm that no application for registration of the carton like Annexure - X is pending. The defendant has agreed to suffer a decree in terms of prayer (a) and (b) of para 27 of the plaint and the plaintiff has given up the reliefs claimed in paras (c) and (d) of para 27 of the plaint. The application is duly signed and supported by affidavits. The application is accordingly allowed.