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2026 DAILYLAW 19148 (DEL)

CONAIR LLC v. M/S SOJITRA KEVIN BACHUBBHAI AND ANR

C.O. (COMM.IPD-TM)/81/2026 · 2026-09-22

Purushaindra Kumar Kaurav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~O-76 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010113752026 + C.O. (COMM.IPD-TM) 81/2026 CONAIR LLC .....Petitioner Through: Mr. Ranjan Narula, Mr. Shakti Nair and Ms. Gitanjali Vohra, Advs. versus M/S SOJITRA KEVIN BACHUBBHAI AND ANR .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal and Ms. Nikita Singh, Advs. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 22.09.2026 I.A. 26204/2026 (by respondent seeking decree of suit) 1. During the pendency of the suit, the dispute has been amicably resolved with the contesting defendant no.1, under the following terms: “a. The Respondent No. 1 undertakes and acknowledges the statutory and common law rights of the Petitioner in the prior adopted and well-known CUISINART/ Cuisinart trade marks, including the registration no. 1432405 in class 7 for the mark CUISINART and registration no. 1432406 in class 11 for the mark CUISINART. b. The Respondent No. 1 agrees and undertakes that its Directors, officers, servants, employees, dealers, agents, distributors, representatives and all other persons acting on its behalf or under their instructions shall not manufacture, market/promote, sell, supply and/or offer for sale, advertise, directly or indirectly, or try to obtain any rights in the impugned mark 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 24/09/2026 at 10:49:02 and/or any other mark identical with and/or deceptively similar to the Petitioner’s CUISINART/ Cuisinart trade marks in any manner whatsoever. c. The Respondent No. 1 consents to the removal of the said trademark, the subject matter of the instant petition, from the Register of Trade Marks, which in turn would amount to consent for allowing the rectification petition filed by the Petitioner under No. C.O (COMM.IPD-TM) 81/2026 as per prayer clause XII(a) and (b). d. The Respondent No. 1 confirms that it has not filed any other application for the impugned mark and undertakes not to file any application for registration of the trade marks identical or similar to the Petitioner’s Cuisinart trade mark for any goods/services in the future. e. The Respondent No. 1 confirms that there are no URLs, websites, social media platforms, online advertisement, third-party listing, etc. either in its own control or managed/operated by a third party for and on behalf of the Respondent No. 1, where the impugned mark is present and further undertakes to not put up any listing, post, advertisement, etc. featuring the impugned mark in the future. By way of abundant caution, if the Petitioner finds any listing in the future bearing the impugned mark, the same will duly be notified to the Respondent No. 1, who undertakes to remove the same or take reasonable steps for removal of the same within 72 hours of receipt of such notice. f. The Respondent No. 1 agrees and undertakes that it shall not challenge the Petitioner’s statutory and common law rights in the CUISINART/ Cuisinart trade marks, directly or indirectly, at any time in the future. g. In consideration of the Respondent No. 1’s consent for removal of the mark from the Register of Trade Marks and undertaking to never use the Petitioner’s CUISINART/ Cuisinart trade marks in any manner, the Petitioner agrees to forego its claims for costs of legal proceedings. h. The Respondent No. 1 confirms and undertakes that any breach of these settlement terms shall make it liable for liquidated damages for the breach, in addition to all legal fees and costs incurred by the Petitioner in acting against the Respondent No. 1’s violation or breach of the said undertaking or in enforcing the terms thereof. i. The Respondent shall undertake that the Respondent No. 1, its Partners, Directors, officers, legal heirs, agents, franchisees, assigns or business, and/or any other person or business controlled or managed, directly or indirectly, by the Respondent No. 1. 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 24/09/2026 at 10:49:02 j. The Petitioner and Respondent No. 1 agree and undertake that they shall not act, in any manner, against or in prejudice to each other’s rights and interests, and shall not directly, or indirectly, make use of and/or publicise the contents of the present settlement/compromise entered between the Petitioner and Respondent No. 1 by way of publication/circulation in any newspaper, pamphlet, and/or publicity material and/or through any other means, whether print or electronic. However, the same shall not preclude either of the parties from relying upon the judgment laid down in the present matter in the future in connection with third party disputes and/or any court proceedings and/or internal communications. k. The Petitioner and Respondent No. 1 confirm and declare that they have voluntarily and out of their own free will entered into the present settlement/compromise and that they agree to abide by the terms and conditions set out in the present settlement/compromise and shall not dispute the same hereinafter in the future.” 2. Respondent no.1 (M/s Sojitra Kevin Bachubbhai through its AR) is appearing through video conferencing. He confirms the aforesaid statement. 3. Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 4. The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition. 5. The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement. 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 24/09/2026 at 10:49:02 6. In view of the aforesaid, the petition stands decreed in terms of the settlement agreement. 7. The Registry is directed to draw-up a decree sheet. 8. Application stands disposed of. C.O. (COMM.IPD-TM) 81/2026 1. In view of the, the petition stands disposed of. 2. The date already fixed i.e., 14.12.2026, stands cancelled. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 22, 2026/P 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 24/09/2026 at 10:49:02