The Delhi High Court has permanently enjoined a company using the name "Adidas," similar to the renowned German sports and apparel brand, in response to a trademark infringement lawsuit filed by Adidas AG.

Justice Sanjeev Narula, who presided over the case, awarded Adidas AG Rs 14.22 lakh in damages, comprising Rs 3 lakh in nominal damages and Rs 11.22 lakh for legal fees incurred over the 13-year litigation period.

The defendants, who marketed products under the "ADIDAS" brand, claimed their use of the trademark was "bona fide and honest," rooted in personal affection. Keshav Tulsiani, partner/director of Adidas Weaving Mills, Adidas Textile Industries, and Adidas Merchandise Private Limited, stated that the name "ADIDAS" was created to honor his elder sister, known as 'ADI' in the Sindhi community, combined with 'Das' to symbolize his devotion to her.

The defendants also argued the lawsuit should be dismissed due to lack of territorial jurisdiction, stating they do not reside or conduct business in Delhi, and the suit was filed with undue delay. They noted their exclusive use of the trademark in capital letters, while Adidas AG uses it in lowercase.

The court, however, accepted the plaintiff's argument that the defendants operated through their subsidiary, ADIDAS India Marketing Pvt. Ltd., based in Satbari, New Delhi, establishing territorial jurisdiction. The court also determined that the burden of proof for the delay rested on the defendants, who failed to provide evidence of using the mark since 1987.

In ruling in favor of Adidas AG, the court found that the defendants' use of the identical mark, combined with the similarity of goods—textiles and clothing—posed a substantial probability of confusion. The court highlighted that a word like "Adidas," which has no inherent linguistic meaning, is highly distinctive and merits extensive protection under trademark law