The Delhi High Court has designated former Supreme Court Justice Nageswara Rao as a mediator for a lawsuit brought by a cricket helmet manufacturer. The case involves allegations of shape mark infringement by a Meerut-based entity selling similar products

Justice Prathiba M Singh issued the order following the defendant entity, Ashi Sports, expressing its readiness to engage in mediation. Ashi Sports indicated its willingness to make alterations to guarantee that the design or shape of its cricket helmets differs from that of the plaintiff, Kohli Sports Private Limited.

The court directed both parties to engage in mediation, allowing the defendant entity an opportunity to propose potential design alterations for its helmets. This move aimed to address the concerns raised by the plaintiff adequately.

Kohli Sports, in its lawsuit, asserted that it introduced its uniquely shaped cricket helmets in 2014 under the trademark 'SHREY.' The suit aimed to obtain a permanent injunction to prevent passing off, copyright infringement, unfair trade practices, and sought damages among other reliefs.

It was argued that the helmets possess several distinctive attributes, encompassing the unique shape of the grill and ear guards, along with the specific protective function of the grill for cricketers' faces. Kohli Sports asserted that its helmets are utilized by 80% of the IPL teams and were worn by nearly 70% of players during the recent ICC World Cup.

The lawsuit claimed that the defendant entity replicated the entirety of Kohli Sports' cricket helmet design. Additionally, it alleged that the defendant not only copied the content of the plaintiff's website but even duplicated spelling errors, indicating a striking similarity. In response, the defendant argued that Kohli Sports' helmets lack the distinctiveness as asserted in the suit. However, Ashi Sports expressed willingness to modify its website content. Justice Singh, upon issuing summons in the suit, noted the intriguing query of whether the shape of a cricket helmet qualifies as a trademark.

''In such a case, the shape has to be so distinctive that it should be capable of being associated with the entity, even without any name or mark being present on the product,” the court said.

After reviewing the documents submitted as evidence, the court noted that a majority of renowned Indian cricket stars used Kohli Sports' helmets, indicating a clear preference for the product. This observation indicated no doubt regarding the product's popularity and favorability among notable cricketing personalities.

While initiating the mediation process, the court instructed the Defendant entity to remove its website within 48 hours. Additionally, the court mandated that any new website subsequently created must not contain any content derived from Kohli Sports' website.

Counsel for Plaintiff: Ms. Swathi Sukumar
Mr. Essenesse Obhan
Ms. Yogita Rathore
Ms. Anjali Swami
Mr. Pratyush Rao
Mr. Rishubh Agarwal
Mr. Ritik Raghuwanshi, Advs.

Counsel for Defendant:

Mr. Siddharth Bambha
Mr. Aman Thukral, Advs.

Case Title - KOHLI SPORTS PRIVATE LIMITED v. ASHI SPORT

CS(COMM) 858/2023, I.As. 23949/2023, 23950/2023, 23951/2023 & 23952/2023