Delhi High Court Awards Rs. 3.5 Lakh Costs to Puma in Trademark Infringement Suit

Delhi HC awards Rs. 3.5 lakh costs to Puma in trademark infringement suit against Ashok Kumar trading as RK Industries. Permanent injunction issued.

In a significant legal development, the Delhi High Court has ruled in favor of German multinational corporation Puma in a trademark infringement case, imposing a penalty of Rs. 3.5 lakh against the defendant, Ashok Kumar trading as RK Industries.

Justice Anish Dayal decreed the suit in Puma's favor, issuing a permanent injunction restraining Ashok Kumar from manufacturing products utilizing the trademark "Puma." The judgment marks a culmination of legal proceedings initiated by Puma against the unauthorized use of its brand identity.

The legal battle commenced in September 2022 when an ex parte ad interim injunction order was passed, prohibiting Kumar from advertising or selling any products, including shoes, sportswear, and accessories, bearing the "Puma" mark, as well as the distinctive leaping cat device mark associated with the brand.

Puma's legal team, led by counsel Mr. Ranjan Narula, Ms. Aishani Singh, and Ms. Shivangi Kohli, moved an application seeking a decree against Kumar, citing his failure to appear in court following the issuance of summons in September 2022.

During the course of the proceedings, the court took cognizance of the findings submitted by the local commissioner, revealing the discovery of 383 pairs of lowers or track pants bearing the "PUMA" mark at Kumar's premises, along with 64 stickers displaying the infringing mark.

In determining the costs of litigation, the court acknowledged Puma's claim of Rs. 6.09 lakhs, inclusive of court fees, local commissioner's fees, and counsel fees. Consequently, the court deemed it appropriate to award a decree in favor of Puma, as per the plaintiff's prayer outlined in the plaint, along with costs amounting to Rs. 3.5 lakhs.

"The actual costs of the litigation claimed by the plaintiff is Rs. 6.09 Lakhs, which includes the court fees of about Rs. 2 Lakhs, Local Commissioner's fee of about 1.15 Lakhs and Counsel's fee of about Rs.2.88 Lakhs. Accordingly, the Court considers it fit to award a decree in favour of the plaintiff in terms of prayer 37(a) & (b) of the plaint as well as costs of Rs.3.5 Lakhs in favour of the plaintiff," the court ordered.