* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1302/2004 & lA No.3742/2005 MCDONALDS CORPORATION & ORS Plaintiffs Through: Mr. S.S. Ranawith Ms.B.Rana, Advs. versus ASHOK KUMAR JAIN & ORS. Defendants Through : Mr. Kapil Kumar Singh, Adv. for D-1,2 & 4. CORAM: HON'BLE MR. JUSTICE T.S. THAKUR ORDER % 10.052005 TTiis is a suit for permanent prohibitory injunction restraining the defendants, their partners, proprietors, lepiesentadves and employees from infiin^ng or using die first plaintiffs copyright in the artistic work of Corporate logo M as shown in Annexure-A to die plaint or using or publishing Corporate logo M with i in the same style and ^ape as ^own in Annexure B to the plaint. A decree for periranent injunction restraining the defendants from infringing the plaintiffs registered trade mark McDonald's & Corporate logo M and Corporate logo M as ^own in Annexure A to the plaint by using the Corporate logo M with i and HAPPY FRIENDS in relation to dieir goods or business has also been prayed for. In addition the plaintiffs have prayed for a decree for a aim of Rs.21 lacs by way of damages for infringement and pacing off the defendants business and goods as the business and goods of the plaintiff. CS(OS) 1302/2004 Page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified A joint petition has been filed by the plaintiffs and defendants 1, 2 & 4. It is submitted by the counsel for the plaintiff that since defendant No.3 is said to a non-existent entity, they may be permitted to delete die said defendant from die array of the defendants and the suit decreed on the basis of die settlement arrived at between the plaintiffs on die one hand and defendants 1, 2 & 4 on the odier. Having heard learned counsel for the parties and having perased the record, I see no reason to decline that prayer. Since defendant No.3 ^ is according to counsel for the remaining defendants a non-existent entity, die plaintiff is permitted to delete the said defendant from the array of the defendants. In the joint petition filed by the plaintiffs and defendants I, 2 & 4 the later have agreed to aiffer a decree to the following effect:- " a) pass a decree for permanent injunction restraining first, second and fourdi defendants, their partners, proprietors, agents, servants, r^resentatives and employees or any one claiming under them from in any manner infringing/using the first plaintiffs copyright in the artistic work of Corporate logo M as shown in Annexure A to the plaint, by using, publidiing Corporate logo M with i in die same ^le and ^^e as shown in Annexure B to the plaint; b) pass a decree for permanent injuntxion restraining first, second and fourth defendants, their partners, proprietors, agents, servants, respresentatives and employees or any other claiming under them, from in any manner infringing the first plaintiffs registered trade marks, McDonald's & Corporate logo M and Corporate logo M as shown in Annexure A to the plaint, by using the Corporate logo M with i in relation to their goods or business as shown in CS(OS) 1302/2004 Page 2 of 3 iC Annexure B to the plaint" The plaintiffs have on their part agreed not to press the reliefs claimed by them in para c to f of the plaint. In the circumstances, therefore, 1 decree the suit in terms of paras a & b abstracted above and dismiss the same as withdrawn insofar as prayer c to f of tlie plaint are concerned. Para 3 of the joint petition shall form a part of the decree. No costs. ^ '—7 — T.S.'imKUR,J MAY 10,2005 sb CS(OS) 1302/2004 Page 3 of 3 r-'