The Delhi High Court has decreed a commercial trademark suit filed by Antara Senior Living Limited after recording a settlement under which a real estate developer agreed to cease all use of the mark “ANTARA” in relation to its project branding and future real estate ventures.
Justice Jyoti Singh was hearing a trademark infringement suit by Antara Senior Living Limited seeking a permanent injunction against the defendant’s use of the marks “ANTARA” and “HORIZON ANTARA”, alleging deceptive similarity and infringement of its trademark rights.
The Court noted that on an earlier date, counsel for the defendant had stated on instructions that the company had decided to discontinue use of the impugned mark. Subsequently, the parties informed the Court that they had amicably resolved the dispute and finalized settlement terms.
Under the settlement, the defendant has undertaken to immediately stop using the mark “ANTARA” in any new advertisements, marketing materials, hoardings, brochures, social media posts, website pages, or portal listings. It has also agreed to remove all existing publicly accessible promotional material bearing the mark within 72 hours.
The developer has further undertaken to apply before MahaRERA within 15 days for a formal project name change and to ensure that the replacement name is not identical or deceptively similar to ANTARA. It has also agreed not to use the mark for any future real estate project.
At the same time, the settlement protects existing commercial arrangements. The Court recorded that ongoing construction under the existing MahaRERA registration would continue uninterrupted, and previously executed allotment agreements, bookings, and sale agreements would remain unaffected. However, no fresh allotments may be made under the impugned name.
Accepting the settlement as lawful, the High Court decreed the suit in its terms, directed the Registry to draw up the decree sheet, and held the plaintiff entitled to refund of the entire court fees under the Court Fees Act, 1870. The defendant has been directed to file an affidavit of undertaking within four weeks.
