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Supreme Court of India 2022-02-04 dismissed

Ajanta L L P vs Casio Keisanki Kabushiki Kaisha d/b/a Casio Computer Co. Ltd. & Another

Bench: 2 — L. Nageswara Rao

In Brief

Casio Computer Co. sued Ajanta LLP for copying its scientific calculator design 'FX-991ES PLUS'. The parties settled via a signed agreement in May 2019, and the High Court passed a consent decree. Ajanta later sought to modify the decree, claiming the agreement contained a typographical error: it restricted use of 'FX', '991', and 'FX-991ES PLUS', when the parties allegedly intended to restrict only the composite mark 'FX-991ES PLUS'. The Supreme Court held that consent decrees create binding estoppel and cannot be modified unless vitiated by fraud, misrepresentation, or obvious mistake. The six-month negotiation and final agreement showed clear understanding. No fraud or misrepresentation was proved. The appeal was dismissed and the High Court's judgment upheld.

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Intellectual Property Design Law Civil Procedure Settlement Agreements Consent Decrees

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