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In This Issue
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CONTACT US
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HEAD OFFICE
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AHMEDABAD |
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Delhi High Court Grants Injunction in Favor of New Balance Athletics in Trademark Dispute |
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On October 21, 2024, the Delhi High Court Issued a ruling in favor of New
Balance Athletics, Inc., a globally recognized footwear brand, in its lawsuit against
Pulkit Khubchandani, a representative of Kiran Shoe Company, for trademark
infringement. New Balance argued that Khubchandani’s company sold counterfeit
shoes marked with logos and identifiers, including the “N” device and “550” mark,
which closely resembled New Balance’s registered trademarks. The suit accused
Khubchandani of trademark infringement, passing off, and engaging in unfair
competition. After discovering these infringements, New Balance obtained an
interim injunction in May, 2024, which halted the sale of these counterfeit
products.
During a court- ordered inspection, counterfeited items with New
Balance and other trademarks were found at the defendant’s premises,
substantiating the plaintiff’s claim. The court accepted New Balance’s evidence
and ruled that Khubchandani’s use of similar marks was likely an attempt to
capitalise on the brand’s established reputation. The defendant admitted to
stopping the use of infringing marks and agreed to refrain from using or
registering any similar ones in the future. Given the evidence and the defendant’s
acknowledgement of halting the use of infringing marks, the court awarded Costs
of ₹ 5, 00,000/- and Damages of ₹2, 00,000 to defendant to be settled within a
period of four months.
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Prepared by : Drashti S. Varmora (Advocate) |
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