Delhi High Court Records Settlement in ‘Singh & Singh’ Trademark Dispute, CA Firm to Rebrand and Transfer Domain
The Delhi High Court decreed a trademark infringement suit filed by Singh and Singh Law Firm LLP against Singh and Singh
Delhi High Court Records Settlement in ‘Singh & Singh’ Trademark Dispute, CA Firm to Rebrand and Transfer Domain
Introduction
The Delhi High Court decreed a trademark infringement suit filed by Singh and Singh Law Firm LLP against Singh and Singh Chartered Accountants after recording a settlement between the parties. Justice Jyoti Singh directed the defendants to cease use of the impugned mark and comply with agreed rebranding and domain transfer obligations.
Factual Background
Singh and Singh Law Firm LLP, claiming to be the registered proprietor of the mark “Singh & Singh,” initiated proceedings against a chartered accountant firm using a similar name. The plaintiff asserted that the defendant’s trading style was deceptively similar and infringed its established legal brand, potentially misleading clients and diluting its goodwill.
Procedural Background
An interim injunction had earlier been granted by the Delhi High Court restraining the defendants from using the impugned mark and directing removal of infringing content. During the pendency of the suit, the parties entered into a settlement agreement, which was placed before the Court for recording and decree.
Issues
1. Whether the defendant’s use of “Singh & Singh” amounted to trademark infringement and passing off.
2. Whether the dispute could be resolved through a binding settlement ensuring cessation of infringing use.
3. Scope of enforceability of settlement terms in trademark disputes.
Contentions of the Parties
The plaintiff contended that it had exclusive rights over the mark “Singh & Singh” and sought permanent injunction against the defendant’s use of a deceptively similar name.
The defendant agreed to settle the dispute and acknowledged the plaintiff’s exclusive ownership of the mark, undertaking to cease use and adopt a new business name.
Reasoning and Analysis
The Court recorded that the settlement terms comprehensively addressed the dispute and ensured protection of the plaintiff’s trademark rights. It noted that the defendant had agreed to rebrand its firm as “SINGH M & CO” and to transfer the domain name “singhandsingh.in” to the plaintiff within a stipulated timeline.
The Court further observed that the defendants undertook to cease all use of the impugned mark across platforms and to cooperate in removing infringing content, including from third-party intermediaries. The plaintiff, in turn, agreed not to pursue claims for damages or costs.
The Court found the settlement to be lawful and binding, noting that any breach would entitle the parties to seek appropriate legal remedies, including contempt proceedings.
Decision
The Delhi High Court decreed the suit in terms of the settlement. It directed the defendants to comply with the rebranding and domain transfer obligations within the specified timelines and disposed of the matter.
In this case the plaintiff was represented by Advocates Kapil Midha and Runjhun Garg, with Karmanya Singh Sareen and Krishnagopal Abhay. Meanwhile the respondent was represented by Advocate Monika Pandey.