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Judgment
AMIT BANSAL, J. (ORAL)
The present cross-appeals have been filed against the impugned judgment dated 9th November, 2021 passed by the learned Single Judge in CS(COMM)124/2021. By way of the impugned judgment, the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) filed by the plaintiff/Jumeirah Beach Resort LLC (hereinafter referred to as “Jumeirah”), was decided.
The learned Single Judge partly allowed the application filed by Jumeirah and restrained the defendants, Designarch Consultants Pvt. Ltd. and Designarch Infrastructure Pvt. Ltd. (hereinafter collectively referred to as “Designarch”) from using the marks ‘BURJBANGALORE’, ‘BURJMUMBAI’, ‘BURJDELHI’, ‘BURJGURUGRAM’ and ‘BURJGURGAON’ till the pendency of the said suit. However, since the residential project ‘BURJNOIDA’ was in construction for the last ten years, the learned Single Judge allowed the use of the mark ‘BURJNOIDA’ for the said project.
During the course of hearing of the appeals, the terms of a possible settlement were discussed with the counsel appearing on behalf of the parties on 3rd September, 2024, 17th September, 2024 and 18th September, 2024.
At the hearing today, i.e., 19th September, 2024, counsel for the parties, on instructions from their respective clients, have agreed to the following terms of settlement:
I. Jumeirah acknowledges that Designarch are the owners of the
trademark “BURJNOIDA” and the logo ‘ ’.
II. Designarch acknowledge that Jumeirah is the owner of the trademark
“BURJ AL ARAB” and the logo ‘ ’.
III. Designarch shall not make any modifications to the “BURJNOIDA” tower as depicted in the photograph dated 20th August, 2024, annexed herewith as Annexure-A.
IV. Designarch undertake to withdraw the cancellation petitions filed against Jumeirah’s mark within seven (7) working days, as detailed below:
Mark Application No. Class Status Jumeirah Beach Resort LLC Marks BURJ AL ARAB 1253325 35 Cancellation filed by Designarch. C.O. (COMM.IPD-TM)130/ 2023 36 Cancellation filed by Designarch. C.O. (COMM.IPD-TM)131/ 2023 39 Cancellation filed by Designarch. C.O. (COMM.IPD-TM)132/ 2023 41 Cancellation filed by Designarch. C.O. (COMM.IPD-TM)133/ 2023 42 Cancellation filed by Designarch. C.O. (COMM.IPD-TM)134/ 2023 V. Jumeirah undertakes to withdraw the cancellation petitions filed against Designarch’s marks within seven (7) working days, as set forth below:
Mark Application No. Class Status BURJNOIDA 2093367 37 Cancellation filed by Jumeirah
C.O. (COMM.IPD-TM) 124/2022
4112395 37 Cancellation filed by Jumeirah
C.O. (COMM.IPD-TM) 315/2022
Designarch or their employees, agents and directors will not use the mark
“BURJNOIDA” and the logo “ ” to suggest any connection with or relation to Jumeirah, in any manner whatsoever.
VI. Designarch undertake to withdraw the oppositions filed against Jumeirah’s marks within seven (7) working days, as per the details given below:
Mark Application No. Class Status BURJ 4880347 39 Opposition filed by Designarch Opposition No-1108306 BURJ 4880351 41 Opposition filed by Designarch Opposition No-1108307 BURJ 4880353 43 Opposition filed by Designarch Opposition No-1269701 VII. Designarch covenant and agree not to design, construct or develop any building that is identical and/or resembles the pictorial reference given in Annexure-B.
VIII. Jumeirah undertakes to withdraw the opposition filed against Designarch’s mark within seven (7) working days, as per the details given below:
Mark Application No. Class Status 4674363 06 Opposed by Jumeirah vide Opposition No.1106513
IX. Designarch undertake not to apply for or use in any manner BURJ or any BURJ formative mark other than BURJNOIDA in the future. Designarch further undertake to withdraw their pending trademark applications, as detailed in the table below within seven (7) working days:
Mark Application No. Class Status BURJBANGALORE 2093371 37 Objected BURJMUMBAI 3982207 37 Objected BURJGURUGRAM 4179766 37 Opposed X. The settlement terms agreed by the parties are final and irrevocable. The settlement shall bind the parties, their successors, representatives and assigns.
The appeals are disposed of in terms of the aforesaid settlement.
All pending applications shall stand closed.