‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries.
We feel, it is just and proper, matter be referred to Delhi High Court Mediation Centre.
– Supreme Court of India, 15th February, 2010.
For a substantial period of time, parties were either directed to seek adjournments in proceedings in various foreign jurisdictions or proceedings had remain stayed/in abeyance. There is no pending civil or criminal proceeding, which is currently being prosecuted by Defendants against Plaintiffs or by Plaintiffs against Defendants in foreign jurisdictions.
Mediation, which had been previously attempted in 2010, may have not achieved any fruition. Court is of view, an amicable resolution ought to be attempted once again.
Retd. Judge of Supreme Court of India, Justice Kurian Joseph [Mobile Number: 9999775444], is appointed as Mediator. Fee of Ld. Mediator is fixed at Rs. 5 Lakhs, at this stage, to be shared equally by both parties.
If there is no settlement by 22nd August, 2022, matter shall be heard on merits on 22nd August, 2022.
– Hon’ble Justice Pratibha M. Singh of Hon’ble High Court of Delhi, Kiran Jain v. Kangaro Industries (Regd.), [CS (COMM) 415/2022] decided on 03.06.2022.