The Delhi High Court recently awarded sports footwear and apparel giant "New Balance" Rs. 7 lakh in costs and damages in a trademark infringement case. Justice Mini Pushkarna ruled in favor of New Balance, finding that Pulkit Khubchandani, owner of Kiran Shoe Company, had infringed on New Balance’s registered trademarks. The defendant’s company had been selling products with marks resembling New Balance’s, including "N Device," "K Device," and "550," across India through online marketplaces like Amazon, Flipkart, and business listing platforms like IndiaMart and JustDial.
New Balance alleged that Khubchandani’s company had been counterfeiting its products since 2015, deceiving consumers by presenting its goods as New Balance’s. Although Khubchandani claimed to have ceased selling items bearing the infringing marks, the High Court recognized New Balance’s right to seek compensation for damages due to the prolonged infringement. Khubchandani was unable to provide a valid reason for adopting marks so closely resembling New Balance’s renowned trademarks.
Justice Pushkarna noted that an average consumer, without scrutinizing details, could mistakenly associate Khubchandani’s products with New Balance, especially considering the similarities in the marks used. The Court highlighted that such usage provided Khubchandani’s company with an "unfair advantage," capitalizing on the reputation and goodwill New Balance had established over the years.
The Court decreed that Khubchandani had no plausible justification for adopting New Balance’s trademarks, describing his actions as an attempt to leverage New Balance’s well-established brand reputation. Awarding Rs. 7 lakh to New Balance, the Court’s decision underscores the legal protections granted to registered trademarks and reinforces the consequences of counterfeiting and unauthorized brand association in India.
This ruling serves as a strong message against trademark infringement, protecting brands and their intellectual property rights while upholding consumer protection standards by preventing market confusion.
New Balance Athletics v Pulkit Khubchandani,
2024 SCC OnLine Del 7469,
decided on 21-10-2024
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