Delhi High Court Allows Settlement Between Dubai Based Jumeirah And NOIDA Developer Who Used 'Burj' Trademark In Its Projects

Previously, a single judge bench had restrained the real estate developer, Designarch, from using the marks 'BURJBANGALORE', 'BURJMUMBAI', 'BURJDELHI', 'BURJGURUGRAM' and 'BURJGURGAON' till the pendency of the suit. However, the single judge had allowed the use of the mark 'BURJNOIDA' since the residential project was under construction for the last ten years.

Jumeirah and Designarch filed cross-appeals against the order of the single judge. However, during the course of appeals, Jumeirah and Designarch reached a settlement.

Under the terms of the settlement, Jumeirah acknowledged that Designarch is the owner of the trademark 'BURJNOIDA' and its logo. Designarch acknowledged that Jumeirah is the owner of the trademark 'BURJ ALARAB' and its logo.

Designarch agreed that it would not use the BURJNOIDA mark or it logo to suggest any connection with Jumeirah. It undertook to not design, construct or develop any building that is identical to Burj Al Arab. It agreed it would withdraw their pending trademark applications.

Designarch further agreed to not apply for or use in any manner BURJ or any BURJ formative mark other than BURJNOIDA in the future and

The parties also agreed to withdraw the cancellation petitions filed against the other party's marks.

Taking note of the settlement agreement, a Division Bench of Justice Rajiv Shakdher and Justice Amit Bansal stated “The settlement terms agreed by the parties are final and irrevocable. The settlement shall bind the parties, their successors, representatives and assigns.”

In view of the settlement, the Court disposed of the appeals.

Case title: Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC (FAO(OS)(COMM) 144/2021 & CMAPPL. 40965/2021 & Connected Matter)