PUMA SE Vs. D.K. ARORA

JUDGEMENT

(1.) Aggrieved by the impugned order dtd. 12/7/2022, passed by the learned Commercial Court, allowing the application filed by the respondent/ defendant, under Order VII Rule 10, Code of Civil Procedure, 1908 ('CPC') and returning the plaint; the appellant/ plaintiff has filed the present appeal under Sec. 13 of the Commercial Courts Act, 2015.

(2.) The appellant, which is a company based in Germany, had filed the suit alleging that the respondent is manufacturing and selling counterfeit products under its well-known label, <IMG>JUDGEMENT_128_LAWS(DLH)11_2022_1.JPG</IMG> .

(3.) The appellant / plaintiff in the suit, sought various reliefs including permanent injunction, restraining the respondent from infringing its trade mark, "PUMA". By an order dtd. 10/5/2019, the learned Trial Court granted ex parte ad interim injunction, restraining the respondent from using the impugned mark. Thereafter, during the course of proceedings, the respondent filed an application under Order VII Rule 11, seeking rejection of the plaint on the ground that no cause of action had arisen so as to entitle the plaintiff to file the suit. The respondent also raised an objection that the Courts in Delhi have no territorial jurisdiction to try and entertain the suit.