TIMBERLAND COMPANY Vs. A VIJAY

JUDGEMENT

(1.) THIS is an application for decreeing the suit against defendant Nos. 1 to 3 in terms of settlement arrived at between the plaintiff and defendant Nos. 1 to 3. The terms of settlement are incorporated in the application. The learned counsel for the parties on instructions state that the undertaking referred to in paragraph 2 of the application is the undertaking by defendant Nos. 1 to 3 to the plaintiff and not to the Court. Under the settlement arrived at between the parties the defendant Nos. 1 to 3 undertake to the plaintiff that they shall not use the trademark TIMBERLAND or any other mark/name/trading style containing the word "timberland". The defendant Nos. 1 to 3 have also agreed to destroy all the packaging material, stationary, sign boards and any other printed matter bearing the mark TIMBERLAND which have been delivered to the plaintiff company for the purpose of destruction which is also acknowledged by the plaintiff company. The plaintiff does not claim any other relief against the defendant nos. 1 to 3. The application is signed by defendant Nos. 1 to 3 and the plaintiff and their respective counsel and the application is supported by the affidavit of mr. Anand Banerjee constituted attorney of the plaintiff company and Mr. A. Vijay, proprietor of M/s. Annai Exims and the Director of the defendant No. 3.

(2.) THERE does not seem to be any impediment in allowing the application. Consequently, the application for decreeing the suit in terms of settlement arrived at between the plaintiff and defendant Nos. 1 to 3 is allowed.

(3.) THE disputes have been settled by the plaintiff with defendant Nos. 1 to 3 and under the settlement the defendant Nos. 1 to 3 have agreed not to use the trademark TIMBERLAND or any other mark/name/trading style containing the word "timberland" or a similar mark. Consequently, the suit of the plaintiff is decreed against defendant Nos. 1 to 3 in terms of settlement arrived at between the parties recorded in IA no. 11939 of 2007. Decree sheet be drawn in respect of decree passed in favor of plaintiff and against the defendant nos. 1 to 3. IA no. 11939/2007 with the modification that the undertaking as stipulated in the application is given by defendant nos. 1 to 3 to the plaintiff and not to the court, shall form part of the decree. Parties are left to bear their own cost. The learned counsel for the plaintiff seeks time to file evidence on affidavit in respect of the claim of the plaintiff against defendant Nos. 4 to 8. Evidence on affidavit be filed within four weeks. List before the Joint Registrar for marking the documents on 14. 12. 2007. List before the Court for hearing on 8. 4. 2008.