Tis Hazari Court disposes Bennett Coleman trademark infringement case on settlement of Re.1

  • Gargi Chatterjee
  • 03:24 PM, 09 Nov 2021

Read Time: 03 minutes

District Judge Manmohan Sharma of Tis Hazari Court, Delhi has disposed of a suit by Bennett Coleman & Co Ltd alleging that some entities are involved in providing gifts and other accessories on their web portals using Coleman's mastheads. The plea was disposed of in view of a Re. 1 settlement  between Coleman and the defendants. 

Coleman alleged that various unknown infringing portals are being currently operated by unknown entities, engaged in unauthorized and illegal use of its trademarks and mastheads, circulating the same to the public in general.

It was alleged that the the trademarks, tradenames/ mastheads were being on the defendants' customized and personalized gifts, décor, accessories, etc, and are identical and/ or similar in order to deceive the public at large to the effect that the gifts are somehow related to Coleman. 

On this basis, Coleman drew up a suit of trademark infringement. 

The court was informed in the matter, that a settlement has been reached between the parties, wherein the defendants are prepared to suffer an injunction in terms of their respective settlement agreements and under which nominal damages of Re. 1/- has been paid by each of the defendants to the Bennett Coleman & Co.

Thus, the Court ordered,

“The terms of the respective applications and Settlement Agreements appear to be within the four corners of law. Therefore, the settlement between the plaintiff and defendant nos. 1, 2, 7 and 11 respectively is accepted. A consent decree is accordingly passed vis-a-vis the plaintiff and defendant nos. 1, 2, 7 and 11.”

The matter is now listed on December 18 for appearance of other served defendants in the matter.