Delhi High Court: In cross appeals filed against the impugned judgment dated 09-11-2021 passed by a Single Judge wherein the application filed by Jumeirah Beach resort LLC (‘Jumeirah’) under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (‘CPC’) was decided, a Division Bench of Rajiv Shakdher and Amit Bansal, JJ. allowed Designarch Consultants Pvt. Ltd. (‘Designarch’) and Jumeirah to settle while accepting the terms of settlement agreed by both the parties.
Background
The Single Judge partly allowed the application filed by Jumeirah and restrained Designarch from using the marks ‘BURJBANGALORE’, ‘BURJMUMBAI’, ‘BURJDELHI’, ‘BURJGURUGRAM’, and ‘BURJGURGAON’ till the pendency of the said suit. However, the Single Judge allowed the use of mark ‘BURJNOIDA’ because the residential project had been in construction for the last ten years.
Analysis and Decision
The Court stated that during the course of hearing of the appeals, the terms of a possible settlement were discussed and the following terms of settlement were agreed upon:
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Jumeirah acknowledged that Designarch were the owners of the trade mark ‘BURJNOIDA’ and the logo.
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Designarch should not make any modifications to the ‘BURJNOIDA’ tower as depicted in the photograph dated 20-08-2024.
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Designarch should give an undertaking to withdraw cancellation petitions filed against Jumeirah’s mark within seven working days.
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Designarch or their employees, agents, and directors will not use the mark ‘BURJNOIDA’ and the logo to suggest any connection with or relation to Jumeirah, in any manner whatsoever.
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Designarch should give an undertaking to withdraw oppositions filed against Jumeirah’s mark within seven working days.
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Designarch agrees not to design, construct or develop any building that is identical and/or resembles the pictorial reference given.
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Designarch should give an undertaking not to apply for or use ‘BURJ’ or any ‘BURJ’ formative mark other than ‘BURJNOIDA’ in the future.
Lastly, the Court disposed of the appeals and closed all pending applications.
[Designarch Consultants Pvt Ltd v. Jumeriah Beach Resort LLC, 2024 SCC OnLine Del 6696, Decided on 19-09-2024]
Advocates who appeared in this case :
For Appellants — Advocate Shwetasree Majumder, Advocate Diva Arora Menon, Advocate Rohan Krishna Seth, Advocate Shilpi Sinha
For Respondent — Sr. Advocate Jayant K. Mehta, Advocate Naqeeb Nawab, Advocate Sejal Tayal, Advocate Apurva Bhutani, Advocate Ashutosh Ranga, Advocate Rajat Sinha
