Ms. Priya Adlakha and Ms. Sucharu Garg, Advocates v. STRYKAR HEALTHERCARE LLP AND ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 642/2025, I.A. 15130/2025, I.A. 15132/2025 & I.A. 15133/2025 STRYKER CORPORATION .....Plaintiff Through: Ms. Priya Adlakha and Ms. Sucharu Garg, Advocates. versus STRYKAR HEALTHERCARE LLP AND ANR. .....Defendants Through: Mr. Mohammad Shafi Uddin and Mr. Mohammad Inayath Khan, Authorized partners of D1 & 2, in person. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 18.08.2025 1. The learned Counsel for the Plaintiff submits that the Parties have settled the dispute between them and the terms of settlement have been agreed between the Parties. 2. Defendant Nos. 1 and 2 are represented through their authorized partners, Mr. Mohammad Shafi Uddin and Mr. Mohammad Inayath Khan, respectively. Both of them are virtually present and they confirm upon, a query from this Court, that they have agreed to the terms of settlement, as presented by the learned Counsel for the Plaintiff. Defendants are bound by their undertaking. 3. As per the terms of settlement, the Parties have agreed that the Suit may be decreed against the Defendants in terms of prayer (a) & (b) of Paragraph No. 42 of the Plaint and a permanent injunction against infringement and 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 22/08/2025 at 12:13:06 be passed against the Defendants. It is also prayed that a direction may be passed to the Registrar of Trade Marks, Delhi and Chennai to treat the following applications of Defendant No. 1 as abandoned / withdrawn within a stipulated time: S. No. Trademark Application No. Dated Class Current Status 1. 4509315 (Delhi) 25.02.2020 35 Opposed 2. 5764913 (Delhi) 14.01.2023 05 Opposed 3. 6128034 (Chennai) 27.09.2023 05 Opposed 4. 6777769 (Chennai) 27.12.2024 05 Yet to be advertised in the Journal 5. 6777770 (Chennai) 27.12.2024 35 Yet to be advertised in the Journal 4. The Registrar of Trade Marks, Delhi and the Registrar of Trade Marks, Chennai are accordingly directed to treat the abovesaid applications of Defendant No. 1 as abandoned / withdrawn within a period of four weeks from date. 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 22/08/2025 at 12:13:06

5. As per the terms of settlement, it is also agreed between the Parties that: “3. A direction may be passed to the Registrar of Trademarks, Chennai to cancel Defendant No. 1’s registration No. 5010803 dated 19.06.2021 for the mark in class 5, which is the subject matter of rectification no. C.O. (Comm.-IPD-TM) 141 of 2025 before this Court and listed for hearing on 25.09.2025. 4. A directed may be passed to the Registrar of Trademarks, Chennai to cancel Defendant No. 2’s registration No. 4008689 dated 27.11.2018 for the mark in class 5, which is the subject matter of rectification no. C.O. (Comm.-IPD-TM) 142 of 2025 before this Court and listed for hearing on 25.09.2025. 5. Defendant No. 1 has applied for change of its firm’ infringing name from ‘Strykar Healthcare LLP’ having LLPIN AAR-4138 to ‘Sebring Pharma LLP’. A direction may be passed to the Registrar of Companies, Hyderabad to pass an order on Defendant No. 1 request and effect the change of the firm’s name, within a stipulated time. 6. A direction may be passed to the Registrar of Companies, Hyderabad to strike off Defendant No. 2 Company namely ‘Strikar Pharmaceutical Pvt. Ltd.’ having CIN U74999TG2018PTC127654, Registration No. 127654, from the Register of Companies, in accordance with law, within a stipulated time. 7. Defendant No. 1 will transfer the infringing domain strykar.com (which is valid till 16.02.2026) in favour of the Plaintiff, within a period of four weeks from date.” 6. Accordingly, the Registrar of Trade Marks, Chennai is directed to cancel Defendant No.1’s registration No. 5010803 dated 19.06.2021 for the mark and Defendant No. 2’s registration No. 4008689 dated 27.11.2018 for the mark in Class 5. 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 22/08/2025 at 12:13:06

7. The Registrar of Companies, Hyderabad is directed to pass an order effecting the change of the firm’s name from ‘Strykar Healthcare LLP’ having LLPIN AAR-4138 to ‘Sebring Pharma LLP’, within a period of four weeks. 8. The Registrar of Companies, Hyderabad is further directed to strike off Defendant No. 2 Company namely ‘Strikar Pharmaceutical Pvt. Ltd.’ having CIN U74999TG2018PTC127654, Registration No. 127654, from the Register of Companies, in accordance with law, within a period of four weeks. 9. Defendant No. 1 is directed to transfer the infringing domain strykar.com in favour of the Plaintiff, within a period of four weeks. 10. In view of the above, the Suit is decreed in terms of prayers (a) and (b) of Paragraph No. 42 of the Plaint. Let the Decree Sheet be drawn accordingly. 11. The Suit is disposed of in the aforesaid terms. Pending applications, if any, stand disposed of. 12. In view of the fact that the matter has been settled at an early stage, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the Plaintiffs, in terms of Section 16 of the Court Fees Act, 1870. 13. It is however, made clear that in case any dispute arises between the Parties and in the event, either Party approaches this Court for enforcement of the Settlement Agreement / Decree, the said Party or Parties will become liable to pay the entire Court Fees thereon. TEJAS KARIA, J AUGUST 18, 2025/sms