In the case involving Adidas AG (Plaintiff) and Jai Prakash (Defendant), Adidas filed a suit against the defendant for infringement and passing off of its trademarks “Adidas”, “Three stripes”, “Performance logo” and “Trefoil”.
Adidas, the famous German multinational corporation, is a global symbol of athletic performance & Fashion. Its iconic three-stripe logo and ‘ADIDAS’ are not just marks/symbols of the brand but have become cultural icons, representing performance, fashion, and a rich history of innovation.
Adidas has maintained strict vigilance to protect the quality of its products, reputation, and trademarks. As part of these efforts, the plaintiff routinely conducts market surveys through its investigators and authorized representatives. Adidas contended that during an investigation in April 2022, it discovered that Defendant was storing, marketing, distributing, and selling products under the trademarks “Adidas”, “Three stripes”, “Performance logo” or “Trefoil” (hereinafter collectively referred to as the “Adidas Marks”).
Adidas submitted that the Defendant was unlawfully selling counterfeit apparel and accessories bearing Adidas’s registered trademarks. The infringement was discovered in April 2022, during a market investigation, where counterfeit products were purchased from Prakash’s shop in Karol Bagh, Delhi.
Adidas argued that the unauthorized use of its marks could mislead consumers into associating counterfeit goods with its high-quality, original products, thereby damaging Adidas’s brand reputation and market goodwill.
Adidas also alleged that the Defendant’s actions were not a random or chance occurrence but were the outcome of devious scheming and meticulous planning with the sole intention of dishonestly riding upon the goodwill of Adidas to cause deception and confusion in the mind of the consumers.
The Court, upon reviewing the evidence and submissions, determined that Adidas had made a strong prima facie case for the grant of a permanent injunction. The Court therefore restrained the defendant from using Adidas Marks and directed the Defendant to deliver all infringing goods to Adidas for destruction and erasure. Damages (compensation/ punitive damages) of Rs. 5,00,000/-along with the cost of the suit were awarded to Adidas.
Citation: Adidas Ag vs Jai Prakash TM No. 1282/22 Tis Hazari District Court (Delhi) decided on 7th September 2024. Available at: https://indiankanoon.org/doc/181778300/
Authored by Ritika Singh, Trademark Team, BananaIP Counsels
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