Introduction

he matter in hand is in between Jitendar Kumar, as J.K Enterprise and New Balance Athletics Inc. a wellT-known US based athletic apparel business presided by Judge Pratibha M. Singh. The 'NB' shaded logo of New Balance, which is used on shoes and associated items, was the point of dispute.

New Balance's Global Presence and Enforcement Actions

New Balance stressed on the fact it had been using the 'N' emblem since the 1970s. it emphasied on its strong foreign business, big revenues, large advertising expenditures, and massive sponsorships of important sports events with celebrity endorsements. The highlighted the fact that its subsidiary firms were strongely indulged in promotions and ads, and it had a well-established market presence in India since 1986. New Balance suppored its claims to be a well-recognised trademark with positive rulings froom enforcement cases against trademark infringement.

Allegations Against J.K. Enterprises

it has been alleged that the defendant, Jitendra Kumar, who operates under J.K Enterprises, of producing shoes having logos that 'mimic' the 'NB' and 'N' marks of New Balance. The present suit is filed by New balance to seek an injunction after the defendant persisted in using the disputed marks in spite of legal notices served to JK Enterprises. The defendants were prohibited from using the contested marks by a prior interim injunction issued by the court. The defendant violated the prior agreements by continuously using the mark which lead New Balance to take additional legal action,

Defiance and Further Legal Measures

J.K enterprise in disregard of court's previous ruling and in contravention of promise to not use the challenged logo, continuously disregarded the orders form the court. . The plaintiff, New Balance Athletics Inc., pursued extra legal action by submitting additional petitions under Order XXXIX Rule 2A of the Code of Civil Procedure (CPC) in response to this uncooperative conduct. The defendant's persistent and unapproved use of the contested marks, which was clearly against the court's directives, made these further legal actions necessary.

In an effort to prevent the defendant from using the disputed marks, the court granted an interim order during the early phases of the litigation process. In the initial stages of the litigation, the court granted interim order to prevent the defendant from using the disputed marks. The defendant continuously violated the court's injunction despite court's explicit and unambiguous language.

Local Comissioner was ordered by the court to visit the defendants's location to investigate the materials and goods that bear the disputed marks.he then filed a report that included a detailed explanation of how widely the defendants commercial activities used the contested emblems.

The report was a detailed piece of evidence that demonstrated the defendants disregard for the court's order. The Local commissioner confirmed the extent of defendants's contempt for the law and court's authority by widespread use of the mark. The plaintiff then, proceded with further legal action in light of defendants repeated breach, by citing Order 39 Rule 2A. this rule gives remedy to the wronged party who has been wronged further when the other party disregards the conditions of an injunction or interim order.

Well-Known Mark Declaration

the court recognised new balance's 'N' shaded logo's well -known status with the help of various judicial pronouncements. In the case of Hermes International v. Crimzon Fashion Accessories Pvt. Ltd.1 case and the requirements outlined in Section 11(6) of the Trade Marks Act, 1999, the court conducted a thorough analysis of the elements that go into determining whether a trademark is considered "well-known."

The factors enumerated in Section 11(6) of the Trade Marks Act, 1999, which were highlighted in the Hermes International case, include: "

  1. The extent to which the trademark is acknowledged or recognized in the relevant section of the public, encompassing knowledge acquired in India through promotional activities.
  1. The period, scale, and geographic scope of the trademark's utilization.
  1. The duration, extent, and geographical area of promotional activities, including advertising, publicity, and presentations at fairs or exhibitions.
  1. The duration and geographic area of any registration or application for registration of the trademark under the Trademarks Act, reflecting its use or recognition.
  1. The record of successful enforcement of the rights in the trademark, especially recognition as a well-known mark by courts or the Registrar."

Evidence submitted in the court along with the statements made during proceeddings were carefully examined in order for court to apply these standards to the current case. The court held that New Balance widely and extensively used the the N logo in the footwear industry. The plaintiff used the 'N' shaded emblem extensively and widely, the court said, especially in the footwear and garment industries. The plaintiff provided proof of the logo's identification, usage history, and geographic reach, both domestically and internationally—to support its claims. The court held the N shaded mark as a well known mark due to its uniqueness and broad identification.

Conclusion and Court's Directive

The judgement in the given matter is given by Justice Pratibha M. Singh where she acknowledged the noteworthy selttlement after the strong case presented by the plaintiff. The long-running legal dispute between J.K. Enterprises and New Balance was resolved when the court, presided over by Justice Prathiba M. Singh, made a noteworthy acknowledgement of the settlement achieved and the strong case presented by the plaintiff.

Since the case was concluded early, the court showed expediency in providing justice by grating the plaintiff 50 percent of the courts cost. The court recognized plainitff's inittaitve in promoting a an effective settlement of the matter in hand. Also, all the concerns regarding the matter were expediently resolved. there remain no answered questions as the court very methodically handled the case . with this, the issue between JK Enterprise and New Balance was officially settled which brought an end to the litigation.

Footnote

1. (2023) Livelaw (Del) 148

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr Kanishk Dev Sharma
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