Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods.

It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing material.

Justice Anup Jairam Bhambhani passed the order on a joint application filed by the parties seeking a decree in terms of their settlement.

The court observed, "the parties have resolved their interse disputes by lawful agreement and there is no impediment to the suit being decreed in terms of the settlement."

The dispute concerned the use of the "K.W." and "K.I.W." marks on goods covered under trademark Class 12. The settlement also resolved a connected petition seeking cancellation of the copyright registration over the "K.I.W." label.

As part of the settlement, Karam Industrial Works recognised K.W. Enterprises as the "sole and exclusive owner and proprietor" and "first and prior adopter and user" of the "K.W." trademark for goods covered under trademark Class 12. It also acknowledged that K.W. Enterprises' trademark registration was valid and subsisting and undertook not to seek its rectification.

The company further acknowledged K.W. Enterprises' three copyright registrations and agreed not to initiate copyright rectification proceedings against them.

Karam Industrial Works also acknowledged that its "K.I.W." trademark and label were "identical and deceptively similar" to the "K.W." trademark and label of K.W. Enterprises. It undertook not to oppose the pending petition seeking cancellation of its copyright registration and stated that it would have "no objection" if the registration were expunged.

Accepting the settlement, the court decreed the suit on its terms. It also disposed of the connected copyright cancellation petition and all pending applications.