M/S VIKAS ELECTRICALS INDIA vs M/S DEV ENTERPRISES & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 613/2025, CM APPL. 68632/2025, CM APPL. 68633/2025 & CM APPL. 1833/2026 M/S VIKAS ELECTRICALS INDIA .....Appellant Through: Mr. Ninad Dogra and Mr. Shantnu Aggarwal, Advs. versus M/S DEV ENTERPRISES & ANR. .....Respondents Through: Mr. Rachit Gumber, Adv. along with R-1 in person. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 17.02.2026 C. HARI SHANKAR, J. 1. Mr. Ninad Dogra, learned Counsel for the appellant submits that the appellant does not press the present appeal against Respondent 2. 2. He also submits that the dispute with Respondent 1 stands settled. A copy of the settlement deed executed between the parties has been placed on record. The terms of settlement read as under: “1. It is agreed between the parties that SECOND PARTY hereby unconditionally and unequivocally accept and acknowledges the proprietary rights of the FIRST PARTY in the trademark / device / label and being used in relation to the goods i.e. Signature Not Verified electrical tapes, domestic pvc types, industrial pvc adhesive Signed By:GUNN RFA(COMM) 613/2025 Page 1 of 4 Signing Date:20.02.2026 15:56:37 tapes, etc. 2. It is agreed between the parties that the SECOND PARTY agrees and undertakes that he will not henceforth use the trademark , and and its varients or other mark of the FIRST PARTY in respect of goods i.e. electrical tapes, domestic pvc tapes, industrial pvc adhesive tapes, etc. being identical with and / or deceptively similar to the trademark / label / packaging / device / design / colour scheme / trade dress of “FIONA” and ” nor shall be use any other marks which is / are identical with and / or deceptively similar to the aforesaid trademark i.e. and ”. 3. That it has been