TMI Blog2015 (8) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... e SHO of the area concerned shall render all necessary assistance to the Local Commissioner in the execution of the commission, if such a request is made in that regard. The application is disposed of. - CS(OS) 2518/2015 - - - Dated:- 24-8-2015 - MS. HIMA KOHLI, J. Mr. Manav Kumar, Advocate with Mr. Manoj Kumar Sahu, Advocate: For Petitioners ORDER I.A. 17474-17475/2015 (exemption) Subject to the plaintiffs filing the original/certified/typed/legible copies of the documents annexed with the plaint within four weeks, the applications are allowed and disposed of. CS(OS) 2518/2015 1. The plaint be registered as a suit. 2. Issue summons to the defendants on the plaintiffs filing the process fee within one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch as Football, Running, Training, Fitness, Golf and Motorsports. The plaintiff No.2 is marketing and selling the products of the plaintiff No.1 in India. 4. It is submitted that the trademark, PUMA was coined by Mr.Rudolf Dassler way back in the year 1948 and it was registered on 01.10.1948, whereafter the said word has been used as a word mark/ device mark/trademark by the plaintiffs continuously and extensively for its products. In India, the plaintiffs have got the trademark, PUMA registered in several classes as detailed in para 11 of the plaint. The plaintiffs products are stated to be available in over 120 countries worldwide including in India and they employ more than 10,000 people worldwide. The net sales of the plaintiffs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the market and the said mark has acquired the character of a well-known mark as envisaged under Section 2(1)(zg) and Section 11 of the Trademarks Act, 1999. 6. Coming to the grievance raised against the defendants, counsel for the plaintiffs states that the defendant No.1 is a private limited company and is engaged in the business of marketing and selling of footwear. The defendants No.2 and 3 are the Directors of the defendant No.1/company and defendant No.4 is a company that manufactures the products for the defendants No.1 to 3. In June, 2015, the plaintiffs claim to have come across the defendants products under the mark, Lancer , using a devise/logo ( .) on the sports shoes, which is almost identical to the plaintiffs Form Str ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing for sale, products including, sports shoes, footwear and other sports items by using the Form Strip Logo( .) , or any other form strip logo that is identical/deceptively similar to the plaintiffs registered Form Strip Logo ( .), that may amount to infringing of their trademark. 9. Provisions of Order XXXIX Rule 3 of the Code of Civil Procedure be complied with within two weeks from the date of receipt of this order. I.A. 17473/2015 (by the plaintiffs u/O XXVI R 9 CPC) 1. This application has been filed by the plaintiffs praying inter alia for appointment of a Local Commissioner to visit the premises of the defendants to seize the offending goods. 2. Accordingly, Mr.Sumesh Dhawan, Advocate (Mobile No.9810011089) is appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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