CS(COMM) 1073/2025 Page 1 of 6 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1073/2025 M/S ESME CONSUMER PVT LTD .....Plaintiff Through: Mr. Rishabh Srivastav, Advocate. versus REVOLUTION BEAUTY INDIA PVT LTD & ORS. .....Defendants Through: Mr. Kunal Prakash, Advocate. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 02.02.2026 I.A. 2790/2026 (Seeking disposal of Suit) 1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 jointly filed on behalf of the parties seeking disposal of the Suit in terms of a Settlement Agreement arrived at between the parties. The terms of the Settlement Agreement are enumerated in para 3 of the application. 2. It would be apposite to extract para 3 of the application hereunder: “3. That during the pendency of the suit, the parties to the suit have approached each other for an amicable settlement of the dispute. In light of the same, the Defendant and the Plaintiff have agreed to amicably resolve the disputes involved in the present suit on the terms set out herein under:- 3.1 The Defendants (which term hereinafter includes its, their principal officers, directors ,partners. agents, franchisees, successors, assignees, servants, licensees, family members and all others acting for and on and on their behalf, and successors in business as the case may be, jointly as well as severally and its related entities) admits . that the Plaintiff (which term:· hereinafter includes its predecessors in interest and title, subsidiaries, group companies and affiliated companies) has superior rights in the trademark "BLUE HEAVEN" 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 05/02/2026 at 12:07:47 CS(COMM) 1073/2025 Page 2 of 6 and other similar variants thereof (hereinafter referred to as “Trademarks” & “Plaintiff’s Trade Mark”) and is the lawful proprietor of these registered trademarks and its other similar variants thereof. 3.2 The Defendant confirms and affirms. to this Hon 'ble Court that it will not infringe the marks of Plaintiff i.e., "BLUE HEAVEN" and other similar variants thereof and is ready and willing to suffer the permanent injunction against use of impugned marks or any other mark/ label/ sign/ trade dress/ device/ name or domain name, which are identical with or deceptively similar to the Plaintiff’s registered mark “BLUE HEAVEN” 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 05/02/2026 at 12:07:47 CS(COMM) 1073/2025 Page 3 of 6 and other similar variants thereof and have no intention to infringe the Plaintiff's trademark in any manner for cosmetic,· brushes and other allied good/services included in class- 02,03, 05, 08, 10, 14, 16, 18, 20, 21, 25, 26, · 28, 30, 32, 33, 35, 44. The Defendants are ready and willing to suffer permanent injunction in the said terms. 3.3 The Defendant confirms and affirms to this Hon 'ble Court that it will not infringe the marks of Plaintiff i.e., "BLUE HEAVEN" and other similar variants thereof and is ready and willing to suffer the permanent injunction against use of impugned or any other mark/ label/ sign/ trade dress/ device/ name or domain 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 05/02/2026 at 12:07:47 CS(COMM) 1073/2025 Page 4 of 6 name, which are identical with or deceptively similar to the Plaintiff's registered mark "BLUE HEAVEN" and other similar variants thereof with any suffix or any prefix or in any other form at present or future across all classes of goods in Trademark Registry . 3.4 The Defendant further agrees to further withdraw its trademark applications filed before the trademark registry. The trademark applications shall be withdrawn in a proper manner so that the status of the same shall display withdrawn, and as per the procedure of the Trade Marks Act and Rules. for the following mark:- Application No. Trade Mark Status Publication details 4200083 In Class-99 BHCosmetics (Word Mark) Opposed Published in Journal No.: 2211-0 Dated 02/06/2025 Goods and Service Details [Class : 3] Cosmetics, perfumes, body creams; shampoos and conditioners, body cleansers and soaps, tanning gels and oils, toothpastes and whiteners, perfumes, body powder; compacts containing make-up; cosmetic preparations for body care; essential oil's; face creams; face powder; eye shadows, cheek color, lipsticks and lip glosses, foundation make-up; liquid foundation; lotions for face and body care; make up foundations·; make-up; make-up for the face and body; make-up kits; make-up preparations: medicated toiletries; make-up removers and nail polishes. [CLASS : 18] Cosmetic cases sold empty, cosmetic bags, purses, shopping bags, luggage, backpacks. 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 05/02/2026 at 12:07:47 CS(COMM) 1073/2025 Page 5 of 6 [CLASS : 21] Cosmetic brushes; facial sponges for applying make-up; make-up brushes; combs and brushes. The Defendants do not· have any objection if any such direction is made by the Hon 'ble Court to the trademark registry. The Defendant shall provide a copy of the withdrawal letter to the Plaintiff and undertakes to cooperate with the Plaintiff in the case. The Plaintiff must take any steps to enforce its rights against these applications. 3.5 That the Defendants, jointly and severally, agree and undertake to pay a consolidated sum of ₹ 2,00,000/( Rupees. Two Lakh only) towards damages and litigation costs vide DD No 001682 drawn at HDFC Bank. 3.6 The Defendant undertakes to remove all online internet listings using impugned marks and “BHCosmetics” or any other mark/ label/ sign/ trade dress/ device/ name or domain name, which ·are identical with or deceptively similar to the Plaintiff's marks as mentioned above, ·if any, on all third party websites/platforms/social media pages including but not on the Amazon, Nykaa, Myntra, lnstagram etc. within 15 days of disposal of this suit. 3.7 The Defendant have no objection if the complete court fee is refunded to the plaintiff.” 3. It would also be appropriate to reproduce para 4 of the application which reads thus: “4. The terms of settlement entered into the said Settlement Agreement shall be binding on the parties, and the parties shall not procure any person or business to perform an act which would be a breach of the undertakings in the said Settlement Agreement.” 4. Learned counsel for the parties invite attention of this Court to sub-para 3.4 of the para 3 of the application whereby the defendants have undertaken to withdraw the applications filed before the Trade Mark Registry and seek directions of this Court for expeditious process in disposal of such withdrawal applications. 5. The concerned Trade Mark Registry is directed to process, with due expeditious, the applications seeking withdrawal of trade marks by the 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 05/02/2026 at 12:07:47 CS(COMM) 1073/2025 Page 6 of 6 defendants. 6. It is noted that the damages have also been received by the plaintiff. 7. This Court has perused the terms of Settlement Agreement and finds that the same are in compliance with Order XXIII Rule 3 of Code of Civil Procedure, 1908. There is no impediment in case the Suit is decreed in terms thereof in favour of the plaintiff as against the defendants. 8. Let a decree sheet be drawn up accordingly. 9. The Suit is decreed and disposed of accordingly. 10. The refund of Court Fees under Section of Court 16 of Court Fees Act, 1870, is granted subject to completion of all the formalities as per Rule. 11. The date already fixed before Joint Registrar i.e. 25.03.2026 as also the date fixed before the Court i.e. 06.02.2026 stand cancelled. TUSHAR RAO GEDELA, J FEBRUARY 2, 2026 Sumit 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 05/02/2026 at 12:07:47