PUMA shoes – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs granted by Delhi High Court.
Judgment dated 20.10.2023 – PUMA Se Vs. Ashok Kumar – CS (COMM) 703 of 2022 with I.A. No.16559 of 2022
PUMA shoes with leaping cat device – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs
PUMA Se, a German Company, had filed suit for injunction against the counterfeit products manufactured and sold with the same mark by the defendant.
Most customers would not be able to distinguish between the plaintiff’s and defendant’s products, if they are adjacently placed, unless a deeper examination is undertaken.
Local Commissioner’s report on visit of the premises of the defendant with the police assistance and seizure of quantity of PUMA shoes can be read in evidence in terms of Order XXVI Rule 10(2) of the Code of Civil Procedure.
Rule 20 of the IPD Rules of the High Court of Delhi provides for calculation of the damages and two factors are important – (a) profit earned by the infringing party and (b) duration of income – for granting damages.
