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Issues involved: Suit for perpetual injunction for trademark infringement, unauthorized concession by counsel leading to decree, review application dismissal challenge.
The respondent filed a suit seeking perpetual injunction for infringement of the registered trademark 'ARCHIES' in Class-28 and Class-16 under The Trade and Merchandise Marks Act 1958, based on Registration No.477177 and 519457B. The defendant was accused of manufacturing and selling photo-frames and wall-clocks using the trademark 'ARCHIES'. The appellant suffered a decree due to a statement made by the counsel without the defendant's authorization. A review was sought, claiming the concession was unauthorized, but the Review Application was dismissed on May 15, 2003. Challenges were made in RFA(OS) No.21/2010 against the original decree dated May 17, 2000, and in FAO(OS) No.257/2003 against the order dismissing the review sought by the defendant. Both appeals were listed together, and a settlement was reached between the parties. The terms of the settlement were recorded in the statement made in Court by Sh.Om Prakash Garg, accepted by the respondent's Director Sh.Jagdish Moolchandani. As per the settlement statement, FAO(OS) No.257/2003 was dismissed as infructuous, and RFA(OS) No.21/2010 was disposed of by decreeing the suit filed by the respondent based on the compromise terms. The terms of the compromise were included in the statement made by Sh.Om Prakash Garg, forming part of the decree. The parties were ordered to bear their own costs in the suit and the appeal.
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