Indiamart Allowed To Use ‘PUMA’ Mark As Search Option In Drop-Down Menu
Indiamart Allowed To Use ‘PUMA’ Mark As Search Option In Drop-Down Menu
Whereas IndiaMART, the appellant, filed an appeal attacking the order dated January 3, 2024 passed by a single judge (bench) restraining IndiaMART from offering to any third parties the trademark ‘PUMA’ as a brand suggestion/keyword/search item on IndiaMART’s website or using ‘PUMA’ in any way amounting to infringement of PUMA SE’s registered trademarks.
The Delhi High Court has permitted IndiaMART Intermesh Ltd. to use the ‘PUMA’ mark as a search option in its drop-down menu. However, it has directed IndiaMART to take down all infringing listings containing the mark.
PUMA SE, the respondent, had filed a suit seeking permanent injunction restraining IndiaMART from offering to any third parties the trademark ‘PUMA’ as a brand suggestion/keyword/search item on IndiaMART’s website or using ‘PUMA’ in any way amounting to infringement of the respondent’s registered trademarks. The suit also sought to restrain IndiaMART from passing off its goods and services as that of the respondent.
Whereas IndiaMART, the appellant, filed an appeal attacking the order dated January 3, 2024 passed by a single judge (bench) restraining IndiaMART from offering to any third parties the trademark ‘PUMA’ as a brand suggestion/keyword/search item on IndiaMART’s website or using ‘PUMA’ in any way amounting to infringement of PUMA SE’s registered trademarks.
In the appeal filed by IndiaMART attacking the single judge’s order dated January 3, 2024, a division bench of Vibhu Bakhru and Tara Vitasta Ganju, JJ, set aside the impugned order to the extent that it restrained IndiaMART from providing an option to use the ‘PUMA’ mark for the description of any goods as a search option in the drop-down menu presented to prospective sellers at the time of registration on the IndiaMART platform. However, the division bench directed IndiaMART to forthwith take down all infringing listings containing the PUMA mark.
