INDIAMART INTERMESH LTD. vs PUMA SE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 02.06.2025 + FAO(OS) (COMM) 6/2024, CM APPL. 2216 & 2219 of 2024 INDIAMART INTERMESH LTD. ..... Appellant Versus PUMA SE ..... Respondent Advocates who appeared in this case For the Appellant : Mr Sandeep Sethi, Mr Rajshekhar Rao, Sr Advocates with Mr Sidharth Chopra, Mr Nitin Sharma, Mr Naman Tandon, Mr Kuber Mahajan, Ms Riya Kumar, Mr Sumer Saeth and Mr Harshil Wason, Advocates. For the Respondent : Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU JUDGMENT VIBHU BAKHRU, J. 1. The appellant – IndiaMART Intermesh Limited [IIL] has filed the present intra-court appeal, inter alia, impugning a judgment dated 03.01.2024 [impugned judgment] passed by the learned Single Judge in an Signature Not Verified Digitally Signed By:GANGA FAO(OS)(COMM) 6/2024 Page 1 of 61 SINGH RAWAT Signing Date:04.06.2025 11:32:22 application filed by the respondent – PUMA SE [PSE] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [the CPC] being I.A. No. 15564/2021 in CS(COMM) 607/2021 captioned PUMA SE v. IndiaMART Intermesh Ltd., seeking interim reliefs. 2. PSE has filed the aforementioned suit [being CS(COMM) 607/2021], inter alia, seeking a decree of permanent injunction restraining IIL from using, facilitating, or offering to any third parties the trademark ‘PUMA’ as a brand suggestion/keyword/search term on its website <www.indiamart.com> or use the mark ‘PUMA’ in any manner which may amount to infringement of PSE’s registered trademarks and to restrain IIL from passing off its goods and services as that of PSE. PSE has also prayed for directions to be issued to IIL to remove all listing for sale of its c