PUMA SE vs ASHOK KUMAR TRADING AS RAMPAGE

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 674/2022 & I.A. 15878/2022
PUMA SE ….. Plaintiff
Through: Mr. Ranjan Narula, Mr. Shashi P. Ojha, Ms. Aishani Singh, Ms. Shivangi Kohli, Advs.

versus

ASHOK KUMAR TRADING AS RAMPAGE ….. Defendant
Through: Mr. Shubh Kapoor and Mr. Suyash Kumar, Advs.

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 05.10.2023

1. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.

2. The Settlement Agreement dated 31 May 2023 has been placed on record.

3. The terms of settlement read thus:
“1. That the Second Party hereby recognizes and acknowledges the First Party’s exclusive proprietary rights in the trademark PUMA and logo and all of its formative trademarks and agrees not to challenge First Party’s statutory and proprietary rights directly or indirectly at any time in future in India and globally.

2. The Second Party confirms and undertakes that he has stopped stocking, wholesaling, supplying, selling, marketing, in any manner including online sale of garments, shoes or any other products under the mark PUMA and logo.

3. The Second Party agrees to forthwith Cease and desist from trading, stocking, wholesaling, supplying, selling, and marketing of products bearing the mark PUMA and logo in any manner including physical or online sale or through e-commerce portals. The Second Party agrees not to adopt at any time in future or use any mark/logo deceptively similar to PUMA or containing PUMA and its logo in any manner for any products including garments, watches, caps or any other products. Any violation of this undertaking makes the Second Party liable for exemplary damages and cost.

4. The Second Party undertakes that the goods seized by the Local Commissioner will be handed over to the authorized representative of the First Party for destruction within 15 days from the date of final order in the present suit. The Second Party does not have any stock of the infringing products apart from the products seized by the Local Commissioner.

5. The Second Party confirms that he has not applied for registration for the mark PUMA and logo as a trademark or any other mark identical/deceptively similar to the First Party’s trademark PUMA and shall not to do so in future.

6. That the Second Party has handed over a post dated cheque bearing No. 298131 dated 16.07.2023 for a sum of Rs. 1,50,000/- (One Lakh Fifty Thousand Only) drawn on Karnatka Bank Ltd., West Patel Nagar Branch, New Delhi in favour of RNA IP ATTORNEYS towards cost to the First Party. The Copy of the said cheque is enclosed herewith as Annexure-C. The First Party acknowledges receipt of the same.

7. That in view of the aforesaid undertaking given by the Second Party, the First Party agrees to forego its claim of damages against the Second Party including account/damages/punitive damages as stated in paragraph no. 37 (d) and the parties agree that in view of the above undertakings and acknowledgments, a decree may be passed in terms of the mediation settlement agreement.

8. The Parties agree that they shall abide by the terms and conditions set out in the present Settlement Agreement and shall not dispute the same hereinafter in future. The Parties further agree that the statements made by them herein in this Settlement Agreement shall be taken as their respective undertakings to the Hon’ble Court and the defaulting party shall be held liable for contempt of court under the Contempt of Courts Act, 1971.

9. The parties agree that they have executed the present settlement agreement by their free will and volition without any force or pressure from anybody. The parties also agree that they have understood the contents of the present Settlement Agreement as the same have been explained to them by the Mediator and their respective counsel, in the presence of each other and they have consented to the same in its true letter and spirit, and as such they shall not dispute the same ever in future.”

4. The parties are represented by learned Counsel who undertake, on behalf of their respective clients, to abide by the terms of settlement.

5. The court has perused the terms of settlement and find them to be lawful, in order and enforceable.

6. As such, nothing survives for adjudication in the present suit.

7. The suit stands decreed in terms of the aforesaid Settlement Agreement dated 31 May 2023 and the terms of settlement contained therein, by which the parties shall remain bound.

8. Let a decree sheet be drawn up accordingly.

9. The plaintiff shall be entitled to refund of court fees, if any, deposited by it.

10. Let the cheque/demand draft in respect of court fees be drawn up in the name of learned Counsel representing the plaintiff, as the plaintiff is located outside India.

C. HARI SHANKAR, J.
OCTOBER 5, 2023
dsn

CS(COMM) 674/2022 Page 1 of 4