Case Title: Abros Sports International Pvt. Ltd. Vs . Ashish Bansal & Ors.
Date of Order: 13 May 2025
Case No.: FAO(OS)(COMM) 140 of 2024
Neutral Citation: 2025:DHC:3606-DB
Court: High Court of Delhi
Bench: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Ajay Digpaul
Facts:
Abros Sports International Pvt. Ltd. (ASIPL), owner of the registered trademark “ABROS”, alleged that the respondents were using a deceptively similar mark “NEBROS” for footwear, which was likely to confuse consumers and dilute its brand.
Procedural Detail:
ASIPL filed a trademark infringement suit and sought interim injunction before the Single Judge, which was rejected on 2 May 2024. ASIPL then filed the present appeal before the Division Bench.
Issue:
Whether an action for trademark infringement can be maintained against the registered proprietor of a similar trademark?
Decision:
The Division Bench held that no infringement action can lie against a registered proprietor of a trademark, as per Sections 28, 29, and 30 of the Trade Marks Act, 1999. Since “NEBROS” was also a registered mark, its use could not constitute infringement. The Court noted divergence from earlier precedent (Raj Kumar Prasad v. Abbott Healthcare) and suggested the matter may require reference to a larger bench for authoritative resolution.
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