Case Title: Czech Games Edition SRO & Ors. v. M S Lifestyle You through its Proprietor Mr. Vineet Mundra
Date of Decision: September 11, 2023
Case Number: CS(COMM) 141/2023
Coram: Hon’ble Mr. Justice C. Hari Shankar
This case involved a dispute between Czech Games Edition SRO and others (the Plaintiffs) and M S Lifestyle, represented by Mr. Vineet Mundra (the Defendant). The case pertained to trademark and trade dress rights related to the mark ‘CODENAMES’ and associated products. The matter was settled through mediation, and a Settlement Agreement dated September 5, 2023, was presented to the court for approval.
The Plaintiffs claimed trademark and trade dress rights in the mark ‘CODENAMES’ and its variants, as well as associated trade dress elements for games, including card games and tabletop games. The Defendant had been involved in the production and sale of products under the ‘CODENAMES’ mark and other deceptively similar marks. The dispute led to legal proceedings, but the parties ultimately reached a settlement through mediation.
The main legal issues revolved around trademark and trade dress rights, as well as the alleged infringement by the Defendant. The Settlement Agreement aimed to resolve these issues and determine the rights and obligations of both parties.
Observation and Analysis
The Plaintiffs asserted their rights in the ‘CODENAMES’ mark and its variants, as well as associated trade dress elements. The Defendant acknowledged the Plaintiffs’ rights and agreed to cease using, promoting, selling, or offering products under the ‘CODENAMES’ mark or any deceptively similar marks. They also committed to withdrawing such products from all platforms. The Defendant filed for the cancellation of a Trademark Application and agreed not to oppose any future trademark applications filed by the Plaintiffs.
The court observed that the parties had voluntarily entered into the Settlement Agreement, acknowledging each other’s rights and resolving the dispute amicably. The terms of the agreement appeared lawful and comprehensive in addressing the trademark and trade dress issues.
Decision and Conclusion
The court decreed the suit in accordance with the Settlement Agreement dated September 5, 2023, which both parties had voluntarily accepted. The Defendant was required to make a payment of ₹1,00,000 as token damages to the Plaintiffs’ counsel within one week. The court also allowed the Plaintiffs to seek a refund of court fees if applicable.
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Written by – Ananya Chaudhary