JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

I.A. 7860/2022 (u/O XXIII Rule 3 CPC) in CS(COMM) 137/2021

2. The present suit has been filed by the Plaintiff- PUMA SE seeking protection of its mark ‘PUMA’ which was coined and adopted by it internationally in 1948. The Plaintiff’s brand ‘PUMA’ is one of the world’s leading sports brand designing, developing, selling and marketing footwear, apparel and accessories. The mark ‘PUMA’ has been used in India from 1980’s onwards and the same is registered under several classes. Defendant No.1- M/s Hi-Tech Point Technologies Pvt. Ltd. started a Global Positioning System (hereinafter ‘GPS’) service through electronic application by the name ‘PUMA GUARD’. Defendant No.2 - Black Box GPS Technology OPC Pvt. Ltd. also launched a device with GPS tracking and anti-theft capabilities under the mark ‘PUMA’.

3. Defendant No.1 filed an application for registration of the mark ‘PUMA THE VEHICLE GUARD’ in Class-9 on 23rd February, 2013 on ‘proposed to be used’ basis. On coming across the said application, correspondence was entered into between the parties. However, the Defendants refused to comply with the requisitions o