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2020 DAILYLAW 1904 (DEL)

RB HEALTH (US) LLC & ANR. v. DABUR INDIA LIMITED

CS(COMM)/319/2020 · 2026-07-08

Jyoti Singh

body2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 319/2020 $~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 319/2020 RB HEALTH (US) LLC & ANR. .....Plaintiffs Through: Ms. Aastha Kakkar, Advocate. versus DABUR INDIA LIMITED .....Defendant Through: Mr. Manish Kumar Mishra and Ms. Saloni Raghuvanshi, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 08.07.2026 I.A. 17317/2026 1. This application is filed jointly on behalf of the Plaintiffs and Defendant under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between the parties. 2. This suit was instituted by the Plaintiffs inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from manufacturing, importing, marketing, advertising, promoting, offering for sale, selling, exporting, importing and/or using Plaintiff No. 1's registered design, bearing design no. 271671 in Class 28-02, in relation to soap-bar by itself or in combination with any other design(s) in connection with the articles/goods/products for which Plaintiff No. 1's design is registered and/or any other design which is identical and/or deceptively similar to Plaintiff No. 1's registered design, amounting to piracy, infringement and/or passing off. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:32:07 CS(COMM) 319/2020 3. During the pendency of the suit, parties have settled their inter se disputes and terms of settlement have been incorporated in paragraph 2 of the application, which are as follows:- “2. During the pendency of the present proceedings, the Plaintiffs and the Defendant have arrived at a settlement on the terms and conditions set out below: A. The Defendant undertakes before this Hon'ble Court that the Defendant has stopped using the Dabur Sanitize packaging and design of the product soap complained in the present suit and has changed the same to the following: B. The Plaintiffs have no objection to the use of the above packaging and design of soap by the Defendant. C. The Defendant agrees that the Plaintiff would be at liberty to file a fresh suit against the Defendant in case the Defendant relaunches the impugned Dabur Sanitise soap m the packaging/design complained of in the suit and/or similar variation thereof in future. D. In view of the fact that the Defendant is not using the complained packaging and design of soap at present, the Plaintiff, without prejudice to its rights and contentions, agrees to withdraw the present suit. E. In view of the above, the parties agree that the present suit be disposed of as withdrawn with liberty to the Plaintiff to file a fresh suit against the Defendant in case the Defendant relaunches the impugned Dabur Sanitise soap in the packaging/design complained of in the suit and/or similar variation thereof in future, without prejudice to the rights and contentions of either party in the present proceedings.” 4. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties. CS(COMM) 319/2020 5. In light of the settlement between the parties, the suit is decreed. The terms shall form part of the decree and bind the parties thereto. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:32:07 CS(COMM) 319/2020 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of. 8. Plaintiffs are held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. JYOTI SINGH, J JULY 8, 2026/YA This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:32:07