Delhi High Court
Adidas Ag & Anr. vs Green Line Polymer Pvt. Ltd. on 3 February, 2011
Author: J.R. Midha
Bench: J.R. Midha
11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS)No.2411/2009
Date of Decision : 3rd February, 2011
%
ADIDAS AG & ANR. ..... Plaintiffs
Through : Mr. Rakesh Tiku, Mr. Aman
Walesha, Mr. Pramod Kumar Singh
and Mr. Vijay, Advs.
versus
GREEN LINE POLYMER PVT. LTD. ..... Defendant
Through : None.
CORAM :-
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
J.R. MIDHA, J. (Oral)
1. The plaintiffs have filed this suit for mandatory and permanent injunction, passing off, infringement of trademark and copyright, unfair competition, damages and rendition of accounts in respect of their trademark "adidas", and logos "3 Stripes", "Trefoil" and "3 bars".
2. Plaintiff No.1 is a company registered under the German laws and is engaged in manufacture, sale and distribution of sports wear shoes, apparel and accessories across the world. Plaintiff No.2 is the wholly owned subsidiary of plaintiff No.1 and is engaged in sale of the above products. Plaintiff No.1 is CS(OS)No.2411/2009 Page 1 of 5 the owner of trademark "adidas" and logos "3 Stripes", "Trefoil" and "3 bars" which are registered under the Trade Marks Act in India. Plaintiff No.2 is the owner of trademark "3 bars" which is also registered under the Trade Marks Act in India.
3. The plaintiff's brand adidas is the world's second largest sports brand and largest in Europe. The plaintiff's products are available in more than 160 countries worldwide including India. The plaintiff started business in India in 1989 and the plaintiffs claim its trademarks to be well known in India. The details of the registration of the plaintiff's trademarks are given in para 9 of the plaint. The plaintiff has spent huge amount on advertising and sales promotion of its product.
4. The plaintiffs received a communication dated 6th October, 2009 from the office of the Commissioner of Customs, ICD, Tughlaqabad, New Delhi stating that the customs department while examining the imported consignment of footwear from China imported by the defendant has found footwear bearing different brands including trademark "adidas" whereupon the plaintiff appeared before the Commissioner of Customs and learnt that the defendant had imported counterfeit shoes bearing the infringing trademark "adidas" and logos "3 Stripes", "Trefoil" and "3 bars". The plaintiff, therefore, made a representation to the department to seize counterfeit goods. Upon inquiries thereafter, the plaintiff came to know that the defendant is the manufacturer of the CS(OS)No.2411/2009 Page 2 of 5 counterfeit shoes with infringing trademark of the plaintiff. During the hearing, the plaintiff also learnt that the consignment imported by the defendant contained counterfeit products of other brands also. The Additional Commissioner (Special Intelligence and Investigation Branch) ordered the confiscation of counterfeit shoes and destruction whereof. The Additional Commissioner, however, ordered the plaintiff to bear the cost of destruction. The plaintiff thereafter made further investigation and found that the counterfeit products made by the defendant were readily available in Karol Bagh and Sarojini Nagar Markets in Delhi.
5. Vide ex-parte ad-interim order dated 16th December, 2009, the defendant was restrained from marketing, selling or in any way dealing with goods bearing trademark "abibas", "addiox", "BAOJI" with or without logos "3 Stripes", "Trefoil" and "3 bars" or any other trademark or logo deceptively similar to trademark "adidas" and logos "3 Stripes", "Trefoil" and "3 bars". It was also directed to preserve the goods confiscated by the custom authorities vide order C.No.VIII/ICD/10/TKD/SIIB/INV/116/09 imported from China, which defendant got released later on.
6. The defendant was duly served with the summons in the suit and he filed the written statement. On 8th September, 2010, the defendant conceded before this court that the offending goods were dispatched from China and were seized by the Customs department who have imposed a penalty on CS(OS)No.2411/2009 Page 3 of 5 the defendant. On 8th September, 2010 and 20th October, 2010, the defendant further conceded that he was prepared to suffer a decree in terms of prayers (a) to (e) provided the plaintiffs give up the claim for rendition of accounts, etc. The plaintiff agreed to give up the claim of rendition of accounts and damages which is recorded in order dated 20th October, 2010.
7. In terms of the order dated 20th October, 2010, the defendant gave an undertaking dated 15th November, 2010 to the effect that the decree may be passed against him in terms of prayers (a) to (e). The defendant also appeared before the learned Joint Registrar on 8th December, 2010 and admitted his signatures on the undertaking.
8. There is no appearance on behalf of the defendant today. However, in view of the admissions made by the defendant recorded in the orders dated 8th September, 2010 and 20th October, 2010 and the undertaking given by the defendant on 15th November, 2010, the plaintiff is entitled to the decree of the suit under Order XII Rule 6 of the Code of Civil Procedure in respect of prayers (a) to (e). By the aforesaid admissions, the defendant has admitted the plaintiffs entire case on merits including the plaintiffs registered trademarks "adidas" and logos "3 Stripes", "Trefoil" and "3 bars" under the Trademarks Act and the infringement thereof by the defendant. The admissions of the defendant are sufficient for passing a decree in favour of the plaintiff. Learned counsel for the plaintiff does CS(OS)No.2411/2009 Page 4 of 5 not press prayers (f) to (j).
9. The undertaking of the defendant is hereby accepted and the suit is decreed in respect of prayers (a) to (e) in favour of the plaintiff and against the defendant under Order XII Rule 6 of the Code of Civil Procedure. The decree sheet be drawn up in terms of this judgment.
J.R. MIDHA, J FEBRUARY 03, 2011 aj CS(OS)No.2411/2009 Page 5 of 5