NEW DELHI: The Delhi High Court has directed Google to remove PUMA GUARD’ an application from its google play store. The suit was filed by the shoe company PUMA for trademark infringement
The Bench was held by Justice Pratibha M Singh, He was dealing with a suit filed by the Plaintiff PUMA SE in which they sought the protection of its mark ‘PUMA’ which was coined and adopted by it internationally in 1948.
The defendant had started a GPS service through an electronic application by the name ‘PUMA GUARD’ and another defendant had also launched a device with GPS tracking and anti-theft capabilities under the mark ‘PUMA’.
During a trial, the court said – “The Court has perused the terms of the 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 others’ actions 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 paragraphs 47 (a) to (c) of the Plaint. None of the other reliefs are pressed,”
The Court also directed that the domain names ‘www.pumaguard.in’ and ‘www.pumaguard.com’ be transferred to Plaintiff.
DOWNLOAD OUR FREE LEGAL MAGAZINE – LAW MANTHAN 1ST EDITION
(MARCH – APRIL)