Trademark infringement and evidence preservation: interim restraint granted on deceptive use, with local commissioners appointed for inspection.

On the pleadings and documents, the Court found a prima facie case of trademark infringement and held that continued use of a deceptively similar mark and logo would risk ongoing harm pending trial. Interim restraint was granted against use of the PUMA mark, any deceptively similar trademark, and the Form Strip Logo on the defendants' products. To preserve evidence and secure an account of the allegedly infringing activity, the Court also appointed local commissioners to inspect the identified premises, inventory infringing goods and packing material, and record relevant stock, production, sales and account records.

---

---

Issues: (i) whether an interim injunction should be granted restraining use of the plaintiff's trademark and logo; (ii) whether local commissioners should be appointed to visit the defendants' premises and prepare an inventory of infringing goods and materials.

Issue (i): whether an interim injunction should be granted restraining use of the plaintiff's trademark and logo.

Analysis: On the basis of the pleadings and documents placed before it, the Court found a prima facie case warranting immediate protection of the plaintiff's trademark and logo. The defendants were alleged to be using the mark and logo in a manner that was deceptively similar to the plaintiff's well-known branding, and continued use was liable to cause harm pending adjudication.

Conclusion: Interim restraint was granted against use of the plaintiff's trademark PUMA, any deceptively similar trademark, and the Form Strip Logo on the defendants' products.

Issue (ii): whether local commissioners should be appointed to visit the defendants' premises and prepare an inventory of infringing goods and materials.

Analysis: To preserve evidence and secure an account of the allegedly infringing goods, packing material, and related stock, the Court considered it appropriate to appoint local commissioners to inspect the identified premises and record the relevant inventory. Access to the books of account relating to stock, production, and sales was also directed for the limited purpose of the commission.

Conclusion: Local commissioners were appointed for inspection, inventory, and recording of the relevant materials and accounts.

Final Conclusion: The interlocutory reliefs sought by the plaintiff were substantially granted, including restraint on the impugned use and inspection through local commissioners, with procedural compliance and further proceedings to follow.

Ratio Decidendi: Where the pleadings and documents disclose a prima facie case of trademark infringement and the risk of continuing harm or loss of evidence, the Court may grant interim injunctive relief and appoint commissioners to preserve infringing material and related records.

---