HERO HONDA MOTORS LIMITED Vs. R P AGRAWAL

JUDGEMENT

(1.) THE amended memo of parties, as directed by virtue of the order dated 13. 02. 2008, has been filed. The name of the defendant No. 1 stands corrected to mr Rajendra Prasad Agrawal (Mr R. P. Agrawal ).

(2.) THE plaintiff had filed this suit for alleged infringement of its trade mark, copyright as well as for passing off and for other reliefs. During the pendency of the suit, the plaintiff and the defendants have arrived at an amicable settlement. The terms of the settlement are set out in this application. Essentially, the defendants have acknowledged the plaintiffs to be the proprietors of the trade marks mentioned in paragraph 8 of the plaint which includes the trade mark 'hero HONDA' and the HERO HONDA stylised logo under class 12 vide Registration No. 419115 and 513474 respectively.

(3.) THE defendants have also acknowledged the plaintiffs to be the owners of the copyrights in the logo as well as in the packaging of the HERO HONDA spare parts referred to in paragraph 9 of the plaint. The defendants have undertaken not to manufacture, sell, advertise, directly or indirectly deal in any product whatsoever bearing any one or more of the plaintiff's trade marks as described in paragraph 8 of the plaint as also utilising any logo or packaging which would be a colourable imitation or substantial reproduction of the plaintiff's logo and packaging as described in paragraph 9 of the plaint. The defendants have also undertaken not to do any other act amounting to passing off the defendants goods as those of the plaintiffs. The defendants have undertaken to pay a sum of Rs 75,000/- as part litigation costs incurred by the plaintiff. The said payment has been made by the defendants, the receipt whereof is acknowledged by the learned counsel for the plaintiff.