In the High Court of Delhi, Adidas AG, a renowned sports goods manufacturer, filed a suit against Keshav H. Tulsiani & Ors for trademark infringement. Adidas, established in 1948, has a global reputation and extensive sales, including in India, where it has been present since 1989. The company has multiple trademark registrations in India, including for the "Adidas" mark.
The defendants, who did not appear in court, claimed they adopted the mark "Adidas" in good faith, inspired by personal affection, and argued that the suit was barred by delay, acquiescence, and laches. However, the court found that Adidas had consistently opposed the defendants' trademark applications and promptly challenged the erroneous registration upon discovery.
The court established its territorial jurisdiction based on Adidas's business activities in Delhi and the defendants' admission of selling their goods all over India. The court also ruled that the suit was not barred by delay, laches, or acquiescence, as Adidas had actively pursued legal actions to protect its trademark rights.
The court found that Adidas was the prior user of the "Adidas" mark in India, with registrations predating the defendants' adoption in 1987. The defendants' trademark registration in class 24 for textiles was canceled, and their claim of prior use was not substantiated.
The court concluded that the defendants' use of the "Adidas" mark for textiles infringed Adidas's trademark rights, given the identity of the marks and the similarity of the goods. The defendants failed to demonstrate honest adoption or to provide evidence of actual use before Adidas's registrations.
In light of the infringement, the court granted Adidas a permanent injunction against the defendants' use of the "Adidas" mark for textiles. Adidas was awarded nominal damages of Rs. 3,00,000 and litigation costs of Rs. 11,22,060. The court disposed of the suit and pending applications with these terms.
Case Citation: Adidas Ag Vs Keshav H Tulsiani:19.07.2024 : CS(COMM) 582/2018: Delhi High Court: Sanjeev Narula: H.J
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
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