Adidas-Salomon Ag And Ors. vs Jagdish Grover on 22 February, 2005
1.This suit for cease and desist order restraining infringement of trade mark and duplicate rights, passing off, damages, rendition of accounts and delivery up etc., was filed by the plaintiffs alleging that they’re the proprietors of the trade mark ‘adidas’ that is getting used since 1949 for the assembly and sale of shoes, track suits, T-shirts, shorts, polo shirts, socks, caps radiocarpal joint bands, sun glasses, luggage and numerous alternative accessories and instrumentality utilized in sports. This trade mark has nonheritable international trade name and goodwill and therefore the merchandise factory-made and sold-out beneath this trade mark square measure distinctive and related to plaintiffs’ for the last such a big amount of years. The ‘adidas’ brand and trefoil device having 3 thick lines, that produce associate degree notional triangle, square measure getting used for the last over fifty years by the plaintiffs’ to tell apart the plaintiffs’ merchandise that have huge sales everywhere world. The same trade marks square measure valid and subsisting in Republic of India additionally. The plaintiffs’ square measure proprietors of the trade mark, trefoil device and therefore the brand. litigant No. one has some one hundred subsidiaries world-wide together with Republic of India for the manufacture and sale of its merchandise beneath the same trade mark and brand. The plaintiffs’ have given details of its sales also as sums spent on advertisements for the trade mark also as trefoil device and brand.

2. The plaintiffs’ say that the litigator mercantilism as Anupam at Ashok Gali, Gandhi Nagar, Delhi, has unauthorizedly started producing and marketing his merchandise beneath the plaintiffs’ trade mark ‘adidas’ and has additionally started mistreatment ‘adidas’ brand and trefoil device in violation of the plaintiffs’ trade mark and copyrights in that. in step with the plaintiffs’, the same act of the litigator in mistreatment the identical trade mark, brand and therefore the trefoil device is geared toward deceiving the purchasers and deceptive them to believe that the products sold-out by the litigator square measure factory-made by the plaintiffs’ and per se the litigator’s act is capable of inflicting irreparable loss/damage to the plaintiffs’ business goodwill also as name.

3. within the said premises, it’s prayed that by associate degree Order of cease and desist order, the defendant, its Officers, servants, agents, distributors, stockiest, etc., is also restrained from producing, selling, directly or indirectly, any product/clothing attire, T-Shirts, jackets, track suits, etc., beneath the trade mark ‘adidas’ or brand or the trefoil device as represented within the plaint. A decree for delivery of the finished and unfinished materials, accessories, rendition of accounts and damages within the total of Rs. 5,00,100/- is additionally prayed.

4. Vide Orders dated seventh could, 2001, the litigator was proceeded against ex parte. The plaintiffs’ filed proof on affidavits in ex parte proof. The plaintiffs entrenched lawyer has filed his testimony and has verified the documents ‘Exs. P-1 to P-14′.

5. once researching the averments created within the plaint, testimony and therefore the documents verified on record that have gone unrebutted and unquestioned, this Court has no hesitation in holding that the plaintiffs’ square measure the proprietors of the trade mark ‘adidas’ and have copy rights within the brand also as trefoil device used on the shoes, wear attire etc., being factory-made and sold-out by the plaintiffs. it’s additionally verified on record that the litigator, UN agency is manufacturer and marketer of wear attire has started mistreatment unauthorisedly and illicitly the trade mark ‘adidas’, ‘adidas’ brand and therefore the trefoil device on its merchandise with a read to deceive the unsuspecting customers. The plaintiffs, therefore, square measure entitled to a decree of cease and desist order, delivery up, rendition of accounts also as damages, as prayed.

6. consequently, associate degree ex parte decree of cease and desist order is passed in favor of the plaintiffs restraining the litigator, its partners, if any, Officers, servants, agents, distributors, stockists and representatives from producing, marketing or giving available directly or indirectly any wear attire together with T-Shirts, jackets, track suits, etc., bearing the trade mark ‘adidas’ or the ‘adidas’ brand or the trefoil device. A decree of delivery up is additionally passed against the litigator handy over all finished and unfinished materials, accessories, packing materials, labels, dies, blocks, stationery, etc., bearing the plaintiffs’ trade mark ‘adidas’, brand or the trefoil device.

7. A decree of damages within the total of Rs. 5,00,100/- is additionally passed in favor of the plaintiffs’ and against the litigator with prices. The plaintiffs square measure entitled to pendente nonfat and future interest on this quantity @ 11th of September every year from the date of filing of the suit until realization