SAHIDULLAH MUNSHI,J. - (1.) This suit was filed taking leave under clause 12 of the Letters Patent and in the plaint the plaintiffs have made the following claims: (a) A decree of perpetual injunction restraining the defendants and each of them whether by themselves or by their servants or agents or assigns or otherwise howsoever from passing off or attempting to pass off or causing or enabling or assisting others to pass off any film of the defendants or any other material connected with any film of the defendants whether by way of 2 promotion or in any manner whatsoever by using the nametrademarktrade name Shera Bangali or Sera Bangali or any other name or trademark trade name device logo deceptively similar thereto; (b) A decree of perpetual injunction restraining the defendants and each one of them whether by themselves or through their agents, assigns, nominees and distributors from promoting or marketing or distributing or presenting or displaying or advertising any film with the name trademark trade name logo Shera Bangali or Sera Bangali or any other name trademark trade name logo device deceptively similar thereto; (c) A decree of perpetual injunction restraining the defendants and each one of them whether by themselves or by their servants, agents or assigns or advertisers or distributors from in any way using or utilizing or exploiting the plaintiffs' proprietary interest andor property in the trademark trade name name label
(2.) Shera Bangali or Sera Bangali in any film or any material connected with any film or product of the defendants; (d) A decree of perpetual injunction restraining the defendants and each one of them whether by themselves or by their servants, agents or assigns or otherwise from infringing the copyright of the plaintiffs in the label trademark trade name device contained in Annexure 'A' or any other trademark trade name which is similar thereto; (e) Decree for destruction and obliteration and delivery up on oath of all materials including promotional material, literary labels, art work or any other material used of intended to be used in connection to any film of the defendants using the word trademark trade name label name logo device, Shera Bangali or Sera Bangali or any other name logo trademark trade name which is deceptively similar thereto and which is in the control and the custody of the defendants; (f) A decree directing the defendants and each one of them whether by themselves or by their servants, agents or assigns or advertisers or distributors to disclose the whereabouts of all materials including promotional materials, literary works, art work or any other martial used or intended to be used in connection with any film of the defendants using the word trademarktrade name label name logo , Shera Bangali or Sera Bangali or any other name logo trademark trade name which is deceptively similar thereto; (g) Receiver; (h) Injunction; (i) Costs; (j) Such other or further reliefs. The defendants have entered appearance today in Court with Vokalatnama. However, the defendants are given liberty to file such Vokalatnama in the department in course of the day.
(3.) It has been submitted by the learned counsels for the parties that the suit has been settled amicably out of Court to the extent that a) The Defendants agree and acknowledge and admit that the term andor phrase andor trade mark Shera Bangali Sera Bangali is widely used and is a well known mark of the Plaintiffs and the ABP Group of Companies within the meaning of Trade Marks Act , 1999. The Defendants further acknowledge that the said trademark Shera Bangali Sera Bangali is a well known trademark and is inextricably identifiable with the Plaintiffs and the ABP Group of Companies. b) The Defendants further acknowledge that the Plaintiffs and the ABP Group of Companies are the prior user of the mark 'Shera Bangali' and several applications for registration of such mark are pending. c) The Defendants have agreed, represented and warranted not to use the said words andor phrase andor mark Shera Bangali Sera Bangali for their upcoming feature film and further shall not use the said words andor phrase and or mark for any future venture or for any other purpose, in any manner whatsoever. ;