Delhi HC recognizes 'New Balance' and 'NB' as well-known trademarks

Delhi HC recognizes 'New Balance' and 'NB' as well-known trademarks

The Delhi High Court has recently recognized the marks 'NEW BALANCE' and 'NB' as well-known trademarks, which belong to the U.S.-based sports footwear and apparel manufacturer, New Balance Athletics Inc.

Justice Prathiba M Singh observed that the "NEW BALANCE" mark represents a distinctive combination of two separate words, "New" and "Balance," which do not convey any direct connection, reference, or description of the company's products or services.

The judge also noted that the logo is highly distinctive and has previously been protected by court orders to prevent its unauthorized use.

The Court declared the "NEW BALANCE" and "NB" marks as well-known trademarks after reviewing the plaintiff's (New Balance) complaint, supporting documents, and the affidavit provided by Mr. Harshit Gupta, which attested to the company's long-standing reputation.

The Court clarified that there would be no exclusive rights or monopoly granted for the individual use of the words "New" and "Balance" in connection with any other goods or services.

The Court issued its judgment in a lawsuit filed by New Balance Athletics Inc (the plaintiff) to safeguard its trademarks from being misused by another company known as New Balance Immigration Private Limited.

The second company, New Balance Immigration Private Limited, was involved in the business of offering immigration and visa procurement services and was found to be using the marks 'NEW BALANCE' and 'NB.'

On October 12, 2022, the Court had initially issued an ex parte ad interim injunction in favor of the plaintiff. Then, on June 1, 2023, the lawsuit was decided in favor of the plaintiff, and the defendants were ordered to pay costs amounting to ₹4 lakh to the plaintiff.

 

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