Delhi High Court Awards ₹8 Lakh In Favour Of Puma In Trademark Infringement Suit Against Counterfeit Products
The Delhi High Court has awarded Rs. 8 lakh in favour of footwear brand Puma in its trademark infringement suit against an individual manufacturing counterfeit products.
Justice Saurabh Banerjee said that Puma's trademarks are well-known and that due to its long usage and association coupled with recognition, Puma and its trademarks call for a higher degree of protection, more so, when it was susceptible to acts of piracy or counterfeiting.
Noting that the defendant was proceeded ex parte and had not appeared since February 2024, the Court said:
“Under such circumstances, no rank counterfeiter like the defendant, who maintains a stoic silence, can be allowed to go scoot free, and the plaintiff, who is a registered proprietor of the trademarks, has to be given due protection and benefit for the same against such defendant.”
The Court observed that the adoption of Puma's mark, the manner of usage and the fact that the said defendant was in the same line of business operating through the same trade channels, reflected that the defendant was “guilty of counterfeiting and thus chose to hold back from filing any response or appearing before the Court.”
It added that there could be no bona fide or non- intentional reasons for the defendant to have adopted or commenced using either of the aforesaid trademarks of Puma.
Justice Banerjee said that the infringement cannot be allowed, since it was with a clear intent to deceive consumers and members of the trade.
“Moreover, this is a case wherein the plaintiff herein is by no means a fly by night operator, since it has wide wings spread in the field of the products it is manufacturing and which are involved herein. In fact, both the plaintiff and its trademarks is/ are well-known,” the Court said.
Title: PUMA SE v. HIMANSHU SHARMA