Bata India Ltd instituted a trademark infringement suit against Leayan Global Pvt Ltd and its retailer Chawla Boot House alleging Leayan's "POWER FLEX" mark and "THE POWER OF REAL LEATHER" tagline infringed its registered "POWER" mark for footwear, seeking permanent injunction.
The single judge granted ex parte ad interim restraint on "POWER" use, permitted sale of existing stock with monthly statements, and on disposing interim applications, restrained "POWER" in marks or combinations but allowed the tagline without undue prominence to "POWER" and stock sale, while deleting Chawla Boot House as unnecessary party.
Both appealed, Leayan challenging the restraint and Bata contesting tagline/stock permissions and deletion; the division bench analyzed that impleadment irregularity did not bar relief, "POWER FLEX" was deceptively similar to "POWER" phonetically/visually under average consumer test with imperfect recollection considering trade channels and expansion scope, "POWER" was suggestive not descriptive hence protectable.
Leayan failed to prove goodwill/reputation in "POWER FLEX" via inadequate evidence, no delay/acquiescence barred injunction as infringement mandates it absent dishonesty exception, upheld tagline/stock directions as discretionary without prejudice, but set aside Chawla Boot House deletion for fresh adjudication post-hearing, ultimately dismissing both appeals with that sole modification.
The manner in which defendants are arrayed in a suit cannot constitute a ground to disentitle the plaintiff to interim relief under Order XXXIX CPC: (Para 31.11).
Canvas footwear and leather footwear are "similar" goods for purposes of Section 29(2)(b) of the Trade Marks Act, 1999, especially as both fall in Class 25: (Para 33.4.4).
In assessing deceptive similarity, courts must consider reasonable scope of expansion of plaintiff's goods: (Para 33.4.5).
The test for deceptive similarity is the average consumer of imperfect recollection who is reasonably informed, observant and circumspect, forming overall impression without dissection: (Para 34).
Marks that are suggestive (requiring imagination to connect to goods) are protectable and registrable, unlike purely descriptive marks: (Para 34.5.1).
In cases of trademark infringement, injunction must normally follow and mere delay is insufficient to defeat it: (Para 35.6).
Volume of sales and extent of advertisement are relevant considerations for deciding acquired reputation or goodwill: (Para 35.3.6).
Case Title: Leayan Global Pvt Ltd vs Bata India Ltd:15.12.2025:FAO(OS) (COMM) 105/2019 & FAO(OS) (COMM) 193/2019 : Hon'ble Mr. Justice C. Hari Shankar & Hon'ble Mr. Justice Om Prakash Shukla
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
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