Puma Se v. Md Faizan Rashid Owner/ Proprietor Of Shoe Lounge And ANR
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 675/2022, I.A. 3191/2023, I.A. 16202/2023, I.A. 2173/2024 & I.A. 2427/2024 PUMA SE .....Plaintiff Through:
Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advs. (Through VC) versus MD FAIZAN RASHID OWNER/ PROPRIETOR OF SHOE LOUNGE AND ANR.
.....Defendants Through:
Mr. Arjun Harkauli, Mr. Abeer Shandilya and Ms. Sarakshi Asarsa, Advs.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 02.12.2024
O R D E R
1.
Settlement Agreement dated 22nd November, 2024, has been received from Delhi High Court Mediation and Conciliation Centre. 2.
The present suit was filed seeking permanent injunction restraining infringement of trademark, passing off, unfair trade competition, rendition of account, damages, delivery up, etc., on the ground that the defendant was stocking, supplying and selling footwear including shoes using the plaintiff's well known mark PUMA and logo and form strip logo .
3.
Vide order dated 27th September, 2022, an ad-interim injunction was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
passed, whereby, the defendant was restrained from using the mark PUMA and logo and form strip logo .
4.
Parties were referred to mediation vide order dated 30th January, 2024, wehrein, the parties have successfully negotiated the Settlement Agreement dated 22nd November, 2024.
5.
Learned counsel appearing for the parties confirm the terms of the settlement and pray that the suit be decreed, in terms thereof. 6.
This Court has perused the terms of the settlement and finds the same to be lawful.
7.
The parties are held bound by the terms of the settlement. 8.
As per the settlement, the defenant has recognized and acknowledged the plaintiff's exlusive proprietory rights in the trademark PUMA and logo and form strip logo and all of its formative trademarks and has agreed not to challenge the plaintiff's statutory and proprietory rights directly or indirectly, at any time in future in India and globally.
9.
Accordinlgy, considering the submissions made before this Court, and in view of the settlement between the parties, the suit is decreed in favour of the plaintiff against the defendant in terms of the Settlement Agreement dated 22nd November, 2024, which shall form part of the decree. 10.
Considering the fact that parties have arrived at a settlement, the Registry of this Court is directed to issue a certificate of refund of Full Court Fees to the plaintiff through its counsel, i.e., Mr. Ranjan Narula, Advocate, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(M: 9891584230).
11.
Decree sheet be drawn up.
12.
The present suit, along with the pending applications, stands disposed of.
MINI PUSHKARNA, J DECEMBER 2, 2024/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.