Judith Mariya
Published on October 24, 2023, 09:03:25
The Delhi High Court issued a judgment requiring a shopkeeper in Agra to compensate Puma with a sum of $12,000 as damages. This decision was reached due to the shopkeeper, known as Ashok Kumar trading as 'Kumkum Shoes,' selling imitation shoes bearing the 'Puma' trademark and its 'leaping cat device.'
Justice Prathiba M Singh noted that Ashok Kumar was fully aware of the esteemed reputation held by the 'Puma' mark. He intentionally opted to produce and distribute counterfeit products under this brand, capitalizing on Puma's established goodwill and credibility.
As per the Local Commissioner's report, it was established that 'Kumkum Shoes' had amassed a profit of approximately $21,650 to $ 22,860 through the sale of counterfeit Puma shoes. Consequently, the Court ruled in favor of Puma, ordering damages of $12,000 and additional costs amounting to $2,400. Advocates Ranjan Narula and Shashi P. Ojha represented Puma in this case.
Furthermore, the Court emphasized that the defendant's use of the 'Puma' mark and logo on subpar products not only infringed upon Puma 's legal and customary rights but also posed a risk of diminishing the brand's reputation and diluting its trademarks.
In 2022, Puma initiated the legal battle by approaching the High Court, claiming the distribution of fake shoes with the Puma logo in Agra, Uttar Pradesh, Delhi, and Haryana.
In regard to Puma's plea, the Court issued an interim order in September 2022, prohibiting the sale and manufacture of the shoes with Puma trademark by the defendant. According to the comprehensive report, it was proved that the defendant was engaged in a substantial manufacturing of counterfeit Puma shoes. With the absence of defendant, the Court proceeded to issue a final injunction order.
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