Delhi High Court Awards ₹3.5 Lakh Costs To Puma In Trademark Infringement Suit

The Delhi High Court has awarded Rs. 3.5 lakh costs to German multinational corporation, Puma, in a trademark infringement suit against an entity manufacturing various products using the former's trademark “Puma.”

Justice Anish Dayal decreed the suit in favour of Puma and permanently restrained the defendant manufacturer, Ashok Kumar who was trading as RK Industries, from manufacturing products using the “Puma” mark.

In September 2022, an ex parte ad interim injunction order was passed wherein Kumar was restrained from advertising or selling any products, including shoes, sportswear and accessories, under the mark “Puma” as also the leaping cat device mark.

An application was moved by Puma seeking a decree against Kumar in view of the fact that he had not appeared post the summons being issued as far back as September 2022.

The court noted that as per the report of the local commissioner, 383 pairs of lowers or track pants bearing the 'PUMA' mark were found at Kumar's premises, along with 64 stickers bearing the mark in question.

“The actual costs of the litigation claimed by the plaintiff is Rs. 6.09 Lakhs, which includes the court fees of about Rs. 2 Lakhs, Local Commissioner's fee of about 1.15 Lakhs and Counsel's fee of about Rs.2.88 Lakhs. Accordingly, the Court considers it fit to award a decree in favour of the plaintiff in terms of prayer 37(a) & (b) of the plaint as well as costs of Rs.3.5 Lakhs in favour of the plaintiff,” the court ordered.

Counsel for Plaintiff: Mr. Ranjan Narula, Ms. Aishani Singh and Ms. Shivangi Kohli, Advocates

Title: PUMA SE v. ASHOK KUMAR TRADING AS R.K. INDUSTRIES

Citation: 2024 LiveLaw (Del) 435

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