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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)