PUMA Trademark Infringement Suit: Delhi High Court Directs Google To Remove ‘PUMA GUARD’ App From Play Store
[26 May 2022] The Delhi High Court has directed Google LLC to remove the application ‘PUMA GUARD’ from its Google Play Store while dealing with a trademark infringement suit filed by ‘PUMA’. Justice Pratibha M Singh was dealing with a suit filed by the Plaintiff PUMA SE seeking protection of its mark ‘PUMA’ which was coined and adopted by it internationally in 1948. ‘PUMA’ is one of the world’s leading sports brand designing, developing, selling and marketing footwear, apparel and accessories. The mark ‘PUMA’ has been used in India from 1980’s onwards and the same is registered under several classes. “The Court has perused the terms of settlement. The same are lawful. There is no impediment in recording the settlement. The terms of settlement shall be binding on the parties and all other acting for and on their behalf. Accordingly, the suit is decreed against Defendant Nos.1 and 2 in terms of paragraphs 3(I) to 3(XII) and 4 as set out above. In addition, the suit is decreed in terms of paragraph 47 (a) to (c) of the Plaint. None of the other reliefs are pressed,” the Court said. However, to give full effect to the injunction, the Court also directed that the LinkedIn profile of Defendant No.1 and 2 shall also be removed. “In future, if there are any other URLs where the Defendants’ products are being advertised, either on the internet or on any other social media platforms, the Plaintiff is permitted to write to the Defendants arrayed as Defendant Nos.7 to 11 in the present suit along with the copy of the order with a request for take down of the said URLs. If the said URLs are not taken down, the Plaintiff is permitted to avail of its remedies in accordance with law,” it added.