Jioo Organics Agrees To Drop Reliance, Jio-Like Marks In Settlement Before Delhi High Court

The Delhi High Court has restrained a trader accused of using marks deceptively similar to Reliance Industries' registered trademarks “RELIANCE” and “JIO”. after both the parties entered into settlement.

A bench of Justice Tushar Rao Gedela recorded a settlement between Reliance Industries and a trader, who was operating under the trade name “Jioo Organics”.

Reliance Industries had filed the suit against Pawan Kumar Gupta and others, alleging trademark infringement and passing off.

The plaintiff's grievance was directed, among others, at Defendant No. 16, who was operating under the trade name “Jioo Organics” and running a website at 'www.jiooorganics.com'

The products in question, including branded poha packets bearing marks closely resembling the Reliance and Jio logos, formed part of the allegedly infringing goods.

During the pendency of the suit, Reliance and Defendant No.16 (trader) arrived at an amicable settlement before the High Court.

The court recorded that the settlement had been executed voluntarily, noting the parties' own declaration.

Under the settlement terms, the trader undertook to cease using the “Jioo Organics” name, the associated website, and any mark or trade dress similar to Reliance's RELIANCE/JIO formative trademarks.

He also recognised Reliance's sole, exclusive, and lawful proprietary rights in its trademarks and artistic works, and agreed not to challenge them before any forum, including the Trade Marks Registry.

The defendant further undertook to initiate transfer of ownership of the domain 'www.jiooorganics.com' to Reliance within one week, change his trading name with GST and other authorities within three weeks, and destroy all infringing goods, packaging, banners, and promotional material within two weeks of the order.

In return, Reliance agreed to waive its claims for damages and costs against it.

The court, after examining the settlement terms, found them lawful.

“This Court has perused the terms of settlement and finds them lawful. The said terms are well within the contours of Order XXIII Rule 3 of CPC, 1908. There is no impediment in case this Court decrees this Suit in terms thereof,” Justice Gedela observed.

A decree was accordingly passed in favour of Reliance against Defendant No. 16, with a compliance affidavit required within one week of completing the destruction of infringing material.

The suit will continue against other infringers.