In this post, we have outlined 3 intellectual property (IP) cases that have been settled by the parties. Two cases relate to trademarks, and one case relates to patents. The trademark cases were filed by Asian Paints against Gopinath Paints, and Colourbar against Faces. The patent case was filed by Pfizer against Triveni Interchem.
Asian Paints and Gopinath Paints settle Trademark Dispute
Asian Paints filed a trademark and copyright infringement suit against the proprietor of Gopinath Paints with respect to infringement of its registered trademarks Tractor and Royale, and related trade dress/packaging. The parties have now settled the dispute by filing consent terms before the Bombay High Court. As a part of the settlement, Gopinath Paints has agreed to stop using the trademark and trade dress, and also paid a sum of Rs. 1.5 Lakh Rupees as settlement amount. Gopinath paints also agreed to destroy the pending stock within 7 days of filing the consent terms.
Citation: Asian Paints Limited vs Jayesh Babulal Shah…, Bombay High Court, 12th January, 2024, COMMERCIAL IP SUIT NO.312 OF 2023
Colorbar and Faces settle Lipstick trademark dispute
Colorbar sued Faces alleging infringement of its trademark, Velvet Matte, used for Lip Colour and Lipstick. Faces had filed a trademark application as well for ‘Faces Canada Velvet Matte Lipstick’. The parties have now settled the trademark dispute that was pending before the Delhi High Court.
As a part of the settlement, Faces has agreed to stop using the mark, Velvet Matte, or any similar mark for its products. It has also agreed to exhaust the pending stock within 90 days after which the products would not be sold by Faces in the market. The settlement agreement also includes a penalty provision that requires Faces to pay 2 crore Rupees if it contravenes the provisions of the settlement.
Citation: Colorbar Cosmetics Private Limited Vs. Faces Cosmetics India Private Limited and Ors. [CS(COMM) 228/2022]
Pfizer and Triveni Interchem settle patent dispute relating to Palbociclib products
Pfizer filed a patent infringement suit against Triveni Interchem with respect to its patent relating to compounds for cancer treatment (In218291) before the Delhi High Court. The parties have now arrived at an amicable settlement with the defendant agreeing to not manufacture or sell its Palbociclib products. As a part of the settlement, the defendant has agreed to pay Pfizer a sum of Rs. 45 Lakh Rupees, and Pfizer has agreed to withdraw its demand for damages.
Citation: Pfizer Inc and Ors. Vs. Triveni Interchem Private Limited and Ors. [CS(COMM) 442/2021]
More than 90% of IP cases are settled out of Courts, and the cases in this post are a few examples of recorded settlements. Resolving disputes through amicable terms may prove to be a good option for parties, and this can be achieved through a simple analysis of the case strength, reaching out to the other party, and effective negotiation.
The case notes in this blog post have been written by IP attorneys at BananaIP Counsels based on their review and understanding of the Judgments. It may be noted that other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.
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