ADIDAS SALOMON AG Vs. JAGDISH GROVER

JUDGEMENT

(1.) This suit for permanent injunction restraining infringement of trade mark and copy rights, passing off, damages, rendition of accounts and delivery up etc., was filed by the plaintiffs alleging that they are the proprietors of the trade mark 'adidas' which is being used since 1949 for the production and sale of shoes, track suits, T-shirts, shorts, polo shirts, socks, caps wrist bands, sun glasses, bags and various other accessories and equipment used in sports. This trade mark has acquired international trade reputation and goodwill and the goods manufactured and sold under this trade mark are distinctive and associated with plaintiffs' for the last so many years. The 'adaidas' logo and trefoil device having three thick lines, which create an imaginary triangle, are being used for the last over fifty years by the plaintiffs' to distinguish the plaintiffs' products which have enormous sales all over world. The said trade marks are valid and subsisting in India also. The plaintiffs' are proprietors of the trade mark, trefoil device and the logo. Plaintiff No. 1 has approximately 100 subsidiaries world-wide including India for the manufacture and sale of its goods under the said trade mark and logo. The plaintiffs' have given details of its sales as well as sums spent on advertisements for the trade mark as well as trefoil device and logo.

(2.) The plaintiffs' allege that the defendant trading as Anupam at Ashok Gali, Gandhi Nagar, Delhi, has unauthorisedly started manufacturing and selling his products under the plaintiffs' trade mark 'adidas' and has also started using 'adidas' logo and trefoil device in violation of the plaintiffs' trade mark and copyrights therein. According to the plaintiffs', the said act of the defendant in using the identical trade mark, logo and the trefoil device is aimed at deceiving the purchasers and misleading them to believe that the goods sold by the defendant are manufactured by the plaintiffs' and as such the defendant's act is capable of causing irreparable loss/damage to the plaintiffs' business goodwill as well as reputation.

(3.) In the aforesaid premises, it is prayed that by an order of permanent injunction, the defendant, its Officers, servants, agents, distributors, stockists, etc., may be restrained from manufacturing, selling, directly or indirectly, any product/clothing apparel, T-Shirts, jackets, track suits, etc., under the trade mark 'adidas' or logo or the trefoil device as described in the plaint. A decree for delivery up of the finished and unfinished materials, accessories, rendition of accounts and damages in the sum of Rs. 5,00,100/- is also prayed.