MERLIN RUBBER vs BRIDGESTONE CORPORATION

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS)(COMM) 17/2025 & CM APPL. 35720/2025 MERLIN RUBBER .....Appellant Through: Mr. P.C. Arya, Adv. versus BRIDGESTONE CORPORATION .....Respondent Through: Mr. Dhruv Anand, Ms. Nimrat Singh and Mr. Dhananjay Khanna, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 09.03.2026 C. HARI SHANKAR, J. 1. Learned Counsel for the parties are present. The dispute between the parties stands settled by mediation. A copy of the settlement agreement dated 19 January 2026 is on record. The respondent is identified as the First Party and the appellant is the Second Party in the settlement agreement. 2. The terms of settlement agreement read thus: “i. The Second Party undertakes to abide by the decree as passed by the learned Single Judge andin terms of paragraph 62 (a) (b) and (c) of the Plaint in the suit. The para 62 (a) (b) and (c) of the plaint are reproduced as under: "62. It is, therefore, prayed that this Hon'ble Court may be pleased togrant: RFA(OS)(COMM) 17/2025 Signature Not Verified Page 1 of 5 Digitally Signed By:AJIT KUMAR Signing Date:11.03.2026 17:01:41 a) An order for permanent injunction restraining the Defendant, its partners, if any, officers, servants, agents, distributors, stockists and representatives and anyone acting for or on its behalf from importing, manufacturing, warehousing, selling and/or offering for sale, advertising, directly or indirectly dealing, in any manner, in any goods including Tyres bearing the deceptively similar trademark/s BRIMESTONE or the 'B' mark amounting to an infringement of the registered Trademarks of the Plaintiff as mentioned in paragraphs paragraph 11 of the plaint specifically registration numbers; 238591, 696551, 1837778, 770