IN THE HIGH COURT OF DELHI AT NEW DELHI vs BIOTIC HEALTHCARE PRIVATE LIMITED

Through: Mr. Prithvi Gulati, Adv. M: 9911167179 Email: [email protected] versus BIOTIC HEALTHCARE PRIVATE LIMITED .....Defendant Through: Mr. Sunil Thakral, Director (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA % O R D E R 20.01.2025 I.A. 1477/2025 1. The present is a joint application under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”) on behalf of the plaintiff and the defendant. 2. The present suit has been filed by the plaintiff for permanent injunction restraining the defendant, their directors, employees, servants, representatives, affiliates and agents or any other person claiming under or through them or acting in concert with them from committing acts of infringement of trademarks, passing off and other incidental reliefs. 3. It is the case of the plaintiff that its registered trademark ZIFI, has been in continuous use since 2001, for medicinal and pharmaceutical preparations, including, but not limited to anti-infectives in the form of CS(COMM) 1077/2024 Page 1 of 4 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 24/01/2025 at 15:59:46 tablets, dry syrups, injections, oral drops, and ready-mix solutions. The defendant was found to be using the mark ZICFI, which is phonetically, structurally and visually similar to the plaintiff’s registered trademark ZIFI. 4. 5. When the matter was listed for hearing on 04th Thus, the present suit was filed by the plaintiff before this Court. December, 2024, the authorized representative of the defendant had appeared and made a statement that the defendant will not produce and/or market the products under the mark ZICFI. 6. Today, learned counsel appearing for the plaintiff and Mr. Sunil Thakral, the Director of the defendant, who is present through Video Conferencing, submit that the parties have amicably resolved their disputes in order to put an end to the litigation. They jointly submit that the suit be decreed in terms of the settlement between the parties. 7. The terms of the settlement are contained in paragraph 5 of the present application, which are reproduced as under: “xxx xxx xxx a) The Defendant acknowledges that the Plaintiff is the owner and registered proprietor of the well-known trademark ZIFI, and other ZIFI formative trademarks as enumerated in paragraph 11 of the plaint, under the Trade Marks Act, 1999, as well as under common law. b) The Defendant, including their directors, employees, distributors, marketers, agents, CNF agents, stockists, or anyone who is acting on their behalf, undertake that they will not manufacture, market and/or sell medicinal and pharmaceutical preparations under the mark ZICFI or any other mark that is deceptively similar to the Plaintiff’s trademark ZIFI either as a standalone mark or as a prefix or suffix in a composite mark or in any manner whatsoever amounting to infringement of the Plaintiff’s registered trademark ZIFI and/or the act of passing off. the Form TM-P (Cancellation of c) The Defendant has Registration), accompanied by stamp paper and relevant documents, to cancel/withdraw the registered trademark ZICFI in Class 5, bearing no. 3140101 and the copy of the said form is filed herewith as Document – A. CS(COMM) 1077/2024 Page 2 of 4 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 24/01/2025 at 15:59:46 The Defendant trademark applications, whether pending or registered, that are deceptively similar to the Plaintiff’s trademark; further undertakes to withdraw all d) The Defendant undertakes that they have not filed any other application for registration of the mark ZICFI as a trademark or device or any other mark deceptively similar to the trademark ZIFI. That Defendant also undertakes that they will not file any application for registration of the mark ZICFI or any other mark identical and/or deceptively similar to ZIFI or any other similar mark whether in the form of a word, label or other composite mark in respect of any goods or services whatsoever. e) The Defendant undertakes to file an affidavit with respect to stock pertaining to ZICFI products in a tabular form as given below: f) The Defendant sent email communication on 21st December 2024 for the recall of all products bearing the impugned mark ZICFI from its distributors and stockists and has furnished documentary proof to the CS(COMM) 1077/2024 Page 3 of 4 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 24/01/2025 at 15:59:46 Plaintiff’s counsel. The recalled and remaining products under the impugned mark ZICFI shall not be exhausted, nor shall they be put into the commercial stream or made available in trade by the Defendant. g) The Defendant undertakes to destroy all goods, including strips, cartons, containers, labels, stationery, flyers or any other printed matter bearing the impugned mark ZICFI or any other mark identical or deceptively similar to the Plaintiff’s ZIFI trademarks. h) The Defendant undertakes to remove all references to the impugned mark ZICFI or any of its variants which are deceptively similar to the Plaintiff’s trademark ZIFI from online and offline platforms. xxx xxx xxx”

8. This Court has perused the terms of the settlement and finds the same to be lawful. 9. Accordingly, considering the submissions made before this Court, the present suit is decreed in favour of the plaintiff and against the defendant in terms of the paragraph 31 (a) to (b) of the plaint. 10. The parties are bound by the terms of the settlement. 11. In view of the fact that parties have arrived at a settlement, the Registry of this Court is directed to issue a Certificate of refund of Full Court Fees in favour of the plaintiff. 12. Decree sheet be drawn up. 13. The present suit, along with the pending application, stands disposed of. 14. The next date of hearing, i.e., 28th February, 2025, stands cancelled. JANUARY 20, 2025/kr MINI PUSHKARNA, J CS(COMM) 1077/2024 Page 4 of 4 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 24/01/2025 at 15:59:46