PUMA SE Vs. INDIAMART INTERMESH LTD.

JUDGEMENT

(1.) Puma SE, the plaintiff, is one of the world's leading manufacturers of sportswear and accessories. It uses the distinctive and logos, which are its source identifiers. "PUMA" as a word mark is registered in the name of the plaintiff in Classes 18 and 25 with effect from 15/2/1977; the device mark is registered in Classes 3, 9, 14, 16, 18, 24, 25, 28 and 41, the earliest registration being of 8/11/1983 in Class 28, and the device mark is registered in the name of the plaintiff in Class 25 with effect from 11/7/1983. All registrations are valid and subsisting. The sales figures, from sales of goods bearing the and marks are testimony to their enduring goodwill and reputation, with sales during the year 2019 alone having fetched over 1400 crores. The plaintiff has spent, in the said year alone, over 64 crores towards advertisement and promotion of its brands. The plaintiff's trademark PUMA has been declared as a well-known trademark by the Trade Marks Registry on 24/2/2020.

(2.) The defendant IndiaMART IndiaMESH Ltd ("IIL" hereinafter) operates the website www.indiamart.com. Merchandise of various manufacturers are purchasable from the said website. The website allows a consumer to enter a search option in the space provided for the purpose.

(3.) The plaintiff's grievance, as articulated by Mr. Ranjan Narula, learned Counsel, is that, if one enters, in the said space, the search word "PUMA", various counterfeit goods, bearing fake "Puma" marks, put up by third-party sellers, are displayed for purchase. These goods also bear the plaintiff's registered trademarks and The following screenshots, bearing this out, have been provided in the plaint: