COLGATE-PALMOLIVE COMPANY Vs. HINDUSTAN RIMMER

JUDGEMENT

(1.) The defendant and the plaintiffs have decided to settle the matter. This is an application filed jointly by the plaintiffs and the defendant under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for recording the settlement and / or compromise and decreeing the suit in terms thereof.

(2.) The defendant has acknowledged the plaintiffs to be the proprietors of Colgate Label Mark, which is the subject matter of the present suit as well as of the registered trademark for the dental cream red and white label under No.190279 and the label marks under No.319139, 319140. The defendant has also undertaken that it will not manufacture, sell, offer for sale, advertise, directly or indirectly deal in goods and services under a label / packaging / design as contained in Annexure J, K, K-1 and L filed with the plaint or any other label / packaging / design identical or deceptively and / or confusingly similar to the plaintiffs' distinctive get up or trade dress as contained in Annexures A to H to the application and / or confusingly similar to the plaintiffs distinctive get up or trade dress amounting to or likely to lead to passing off their goods or business as and for those of the plaintiffs. The defendant has also given other undertakings which are recorded in the application.

(3.) In view of the agreement entered into between the parties and the undertakings given by the defendant as recorded in the application itself, it is prayed that the compromise be recorded and a decree be passed in terms of para 26 (i) to (iii) of the amended plaint in favour of the plaintiffs and against the defendant. It is also stated that the plaintiffs give up their claims in respect of the prayers contained in para 26 (iv), (v), (vi) and (vi) (a) of the amended plaint. The application has been signed by Mr K.V. Vaidyanathan, who is the constituted attorney of the plaintiff No.1 and by Mr Sanjeev Shrivastav, who is the authorised signatory of the plaintiff No.2. Mr Shobhan Lal Jain, who is the proprietor of the defendant has also signed this application. The same has also been signed by the respective counsel for the parties. It is supported by the affidavits of the said Mr Shobhan Lal Jain, Mr K.V. Vaidyanathan and Mr Sanjeev Shrivastav.