Delhi HC Awards ₹14 Lakh Costs To 'New Balance' In Trademark Infringement Suit Against Website Selling Counterfeit Products

The Delhi High Court has recently awarded more than Rs. 14 lakh as costs to sports footwear and apparel brand “New Balance” in a trademark infringement suit filed by it against a rogue website selling counterfeit products.

Justice Mini Pushkarna decreed the suit in favour of New Balance and against the website - www.luxurytag.in, its owner and operators.

The Court noted that since the defendants in the suit did not participate in the proceedings and failed to file written statement, submissions and the facts as asserted by New Balance would stand admitted and uncontested.

Observing that the defendants made categorical statements admitting sale of replica or fake or counterfeit products, the Court said:

“Further scrutiny would also reveal that the products being sold on the Impugned Website bear the marks of the plaintiff, which are being sold to the same consumer base as that of the plaintiff.”

It added: “The statements as aforenoted, on the Impugned Website, which can be found in plain view, for the consumers to observe, is sufficient admittance on its own by the said defendants, and prima facie amounts to the acts of infringement and passing off of the plaintiff‟s marks, by selling of products, which are counterfeit.”

Furthermore, the Court also observed that the defendants were not just selling counterfeit products bearing the New Balance's marks, but they admitted to selling replica or copy or counterfeit products of various other brands.

“In view of the above and on account of a clear case of counterfeiting and infringing activity being made out against defendant nos. 1 and 11, the present is a fit case for awarding actual costs in favor of the plaintiff and against defendant nos. 1 and 11,” the Court concluded.

Title: NEW BALANCE ATHLETICS INC. v. ASHOK KUMAR & ORS.

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