The central legal point established in the judgment is the ownership and protection of the 'THREE STRIPES' device mark, leading to the grant of a permanent injunction and the award of damages against the Defendants for infringement.

PRATHIBA M. SINGH, J.

1. The Plaintiffs have filed the present suit for permanent injunction restraining infringement of trade mark, passing off, unfair competition, for rendition of accounts of profits/damages, delivery up etc.

2. The Plaintiff No.1 M/s Adidas AG and its Indian subsidiary Adidas India Marketing Pvt. Ltd. - Plaintiff No.2 (together referred to as 'Plaintiffs'), claim to be one of the world's leading manufacturers of ADIDAS athletic footwear, sportswear, and sporting equipment.

3. The Plaintiff No. 1 was founded in Germany in 1920 and since then has expanded to a global market into several countries. It is stated in the plaint that the 'THREE STRIPES' device mark since its adoption in 1949, almost 80 years ago, has been exclusively associated with the Plaintiffs. The said mark has been promoted by various sporting celebrities including Sh. Milkha Singh, the legendary Indian Olympian. The 'THREE STRIPES' device mark is used by the Plaintiffs on shoes and various other sportswear, clothing, basketballs and other sporting equipments and the immediate recognition and association of the 'THREE STRIPES' mark is with the Plaintiffs. The 'THREE STRIPES' mark is also registered in several countries of the world as a device mark. It is also registered in India, in various forms, since 1989 in Class 25. The details of the said registrations is as under:-

"TRADE MARK REGISTRATIONS - INDIA

11. In order to accord statutory protection to the THREE STRIPES device mark in India, the Plaintiff No. 1 also applied and has been granted trade mark registrations of the same as per the following details:

Sl. No.	Trade Mark Registration No. and Date	Class	Goods	Depiction of Trade Mark	Renewal Status
1.	932041   14.06.2000	25	Footwear, Sports Shoes, Shoes For Casual Wear, All Being Goods Falling In Class 25	xxx	Renewed and valid till 14.06.2020
2.	511874   14.06.1989	25	Sports and Leisure Shoes, Sports And Leisure Garments	xxx	Renewed and valid till 14.06.2020
3.	2983183   10/06/2015	25	Footwear	xxx	Renewed and valid till 10.06.2025

4. The Plaintiffs have placed on record documents showing various promotional activities and endorsements by well-known personalities such as leading athletes, sportsmen and sportswomen worldwide, including in India, who have been engaged for promotion of footwear bearing the 'THREE STRIPES' device mark in television commercials, print media advertisements, hoardings, magazine covers, online video platforms etc. Such sports personalities include, Mr. Sachin Tendulkar, Mr. Virat Kohli, Mr. Virendra Sehwag, Ms. Sania Mirza, Mr. Chris Gayle, Ms. Hima Das, etc.

5. The images of these personalities who have promoted the product of the Plaintiffs are also extracted in the plaint and filed with the documents. The Plaintiffs have also promoted the ADIDAS product with the 'THREE STRIPES' device mark in various feature films. The sales and advertisement figures also, provided in the plaint, show that the 'THREE STRIPES' device mark is very well-known and enjoys a formidable reputation.

IMAGE

6. The Plaintiffs came to know in September, 2018 that the Defendants are using the trademark COLO however with the 'THREE STRIPES' device mark on their footwear. Accordingly, the present suit was filed against Defendants 1-3. Defendant No.1, M/s Colo Footwear, was claimed to be the manufacturer and distributor of footwear. Defendant No.2 and 3 are the dealers of Defendant No.1. The images of the infringing shoes have been extracted in para 23 of the plaint which are as under:

7. On 5th September, 2018 this Court had granted an ad-interim injunction in the following terms:

"10. The Court has perused the plaint a