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PRATHIBA M. SINGH
Puma Se – Appellant
Versus
Hi-tec Point Technologies – Respondent
ORDER
Prathiba M. Singh, J. (Oral). - 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 requisitio
The central legal point established in the judgment is the enforcement of a settlement agreement in a trademark infringement case, acknowledging the rights of the trademark owner and directing the in....
Trademark infringement occurs when a mark causes confusion, and plaintiff's rights must be protected to maintain trademark integrity and avoid consumer deception.
The court's decision was based on the validity and acceptance of the settlement agreement by the parties involved.
Intellectual Property - Infringement of registered trade mark - Modify interim order - Subject to defendants filing an undertaking of their directors to abide by terms and conditions of undertaking a....
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