M/S. PSYCHOTROPICS INDIA LIMITED vs M/S. DROOLS PET FOOD PRIVATE LIMITED & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 44/2024 & CM APPL. 14188/2024 M/S. PSYCHOTROPICS INDIA LIMITED .....Appellant Through: Mr. Rishabh Srivastava and Mr. Sanjay Aggarwal, Advs. versus M/S. DROOLS PET FOOD PRIVATE LIMITED & ANR. .....Respondents Through: Mr. Karan Singh and Mr. Prashant Gupta, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 18.08.2025 C. HARI SHANKAR, J. 1. The dispute between the parties stands settled with the intervention of Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 15 July 2025 is on record. 2. The terms of the settlement read thus: 1. Subject to the terms of the present Settlement Agreement, the Second Party undertakes to refrain from using the mark "TICK & FLEA". 2. The Second Party agrees and undertakes to discontinue all use of the standalone mark "TICK & FLEA" on its products, labels, packaging, marketing, or promotional material on expiry of a period of three months from the date of execution of this Settlement Agreement. Signature Not Verified FAO (COMM) 44/2024 Page 1 of 4 Signed By:GUNN Signing Date:20.08.2025 10:00:40 3. The First Party hereby agrees and confirms that in consideration of the voluntary undertakings tendered by the Second Party in the present Settlement Agreement, it shall not object to the Second Party's use or registration of the expressions (a) "FLEA AND TICK" in any manner whatsoever, and (b) "ANTI TICK AND FLEA" in the manner set out in the present Settlement Agreement. 4. The Second Party has adopted a new packaging in relation to its shampoo for dogs, wherein the word "ABSOLUTE" appears in a font size larger than "ANTI TICK AND FLEA". More specifically, the font sizes of the expressions 'ABO