LAWS(GJH)-2022-4-515

SYMPHONY LTD Vs. NATIONAL PLASTIC INDUSTRIES LTD

Decided On April 19, 2022
Symphony Ltd Appellant
V/S
National Plastic Industries Ltd Respondents

JUDGEMENT

(1.) The present suit has been filed by the Plaintiff, inter alia, seeking reliefs to the effect that (i) permanent injunction may be granted to the Plaintiff and against the Defendants from manufacturing, marketing, selling, advertising and directly or indirectly dealing in air coolers which have the same design, shape, configuration and design identical to and/or imitation of the Plaintiff's registered design and thereby restrain the Defendants from committing an act of infringement of the registered design of the Plaintiff bearing no.221084, referred to as the DIET Model or committing an act of passing-off their products as that of the Plaintiff. The Plaintiff has further sought for damages against the Defendants and an order directing the Defendants to delivery the infringing products to the Plaintiff.

(2.) During the pendency of the suit, the Plaintiff and the Defendants have arrived at a settlement. Pursuant thereto, the parties have entered into and signed Consent Terms dtd. 18/1/2022, which is taken on record. The said consent terms state as follows:

(3.) In view of the above-mentioned Consent Terms, the dispute between the parties stands settled. The parties are directed to abide by the Consent Terms in letter and spirit.