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2019 (5) TMI 1919 - HC - Indian LawsSeeking permanent injunction restraining infringement of trade mark, passing off, unfair competition, for rendition of accounts of profits/damages, delivery up etc. - HELD THAT - Due to the lack of any defence on behalf of Defendant No. 1, as also the fact that no valid defence has been raised disputing the Plaintiffs' rights in the mark by Defendant Nos. 2 and 3, the suit is liable to be decreed. Accordingly, a decree of permanent injunction is granted in favour of the Plaintiff and against the Defendants Nos. 1 to 3 in terms of para 34 (a), (b) and (c) of the plaint. The damages are liable to be awarded against the Defendant no. 1. The suit is decreed against Defendant No. 1 for a sum of ₹ 20 lakhs. Insofar as Defendants No. 2 and 3 are concerned, the said Defendants shall pay damages of ₹ 50,000/- each to the Plaintiff. Defendant No. 2 and 3 are willing to handover the seized products to the Plaintiffs representative. Both Defendant Nos. 2 and 3 are directed to hand over the products seized from them by the Local Commissioners to the Plaintiffs' representative on 20th May, 2019 and 21st May, 2019. The costs shall be paid on the date when the Plaintiffs' representative visits the premises of Defendant Nos. 2 and 3. The Plaintiff has suffered heavy costs in the litigation including court fees, fees of the Local Commissioners, cost of investigation, etc. The suit is decreed against Defendant No. 1 with actual costs incurred. Let bill of costs incurred be placed on record by Ld. Counsel for the Plaintiff. The suit is decreed.
Issues Involved:
1. Infringement of Trade Mark 2. Passing Off 3. Unfair Competition 4. Rendition of Accounts of Profits/Damages 5. Delivery Up of Infringing Products 6. Permanent Injunction 7. Costs and Damages Issue-wise Detailed Analysis: 1. Infringement of Trade Mark: The Plaintiffs, M/s. Adidas AG and its Indian subsidiary, Adidas India Marketing Pvt. Ltd., claimed infringement of their registered 'THREE STRIPES' device mark by the Defendants. The 'THREE STRIPES' mark, adopted in 1949, is exclusively associated with the Plaintiffs and registered in India since 1989 in Class 25. The Plaintiffs presented evidence of promotional activities and endorsements by renowned personalities, establishing the mark’s recognition and association with their products. The Defendants were found using a similar 'THREE STRIPES' mark on their footwear, leading to the present suit. 2. Passing Off: The Plaintiffs argued that the Defendants' use of the 'THREE STRIPES' mark constituted passing off, as it misled consumers into believing that the Defendants' products were associated with or endorsed by the Plaintiffs. The court noted that the Plaintiffs' mark enjoys substantial goodwill and reputation, and the Defendants' actions could dilute the brand equity of the mark. 3. Unfair Competition: The Plaintiffs contended that the Defendants engaged in unfair competition by using the 'THREE STRIPES' mark to benefit from the Plaintiffs' established reputation and marketing efforts without authorization. The court recognized this argument, citing the European Court of Justice's observation that third parties might exploit the reputation and prestige of a well-known mark without compensating the proprietor. 4. Rendition of Accounts of Profits/Damages: The Plaintiffs sought an account of profits and damages from the Defendants. The Local Commissioners' reports detailed the seizure of infringing products from the Defendants’ premises, indicating substantial unauthorized use of the 'THREE STRIPES' mark. The court awarded damages against Defendant No. 1 for ?20 lakhs and against Defendants No. 2 and 3 for ?50,000 each. 5. Delivery Up of Infringing Products: The court directed Defendants No. 2 and 3 to hand over the seized infringing products to the Plaintiffs' representative on specified dates, ensuring the removal of counterfeit goods from the market. 6. Permanent Injunction: The court granted a permanent injunction restraining the Defendants from manufacturing, selling, or offering for sale any footwear or accessories bearing the 'THREE STRIPES' mark or any mark deceptively similar to it. This decision was based on the established ownership and reputation of the Plaintiffs' mark, and the lack of any valid defense from the Defendants. 7. Costs and Damages: The court recognized the Plaintiffs' incurred costs in litigation, including court fees, fees of the Local Commissioners, and investigation costs. The suit was decreed with actual costs against Defendant No. 1, and the Plaintiffs were instructed to place the bill of costs on record. The court also ordered Defendants No. 2 and 3 to pay the awarded damages and hand over the seized products to the Plaintiffs' representative. Conclusion: The court's judgment comprehensively addressed the issues of trademark infringement, passing off, and unfair competition, granting the Plaintiffs a permanent injunction, damages, and costs. The decision reinforced the protection of well-known marks and penalized unauthorized use, ensuring the Plaintiffs' rights were upheld.
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