FACTS: The plaintiff is proprietor of the mark “NEW BALANCE”, used in connection with footwear or readymade clothing. The mark stands registered in favor of the plaintiff under Class 18 and 25 of the Trademark Rules, 2017. The plaintiff is aggrieved by the defendants, who on its websites at www.nbshoesindia.com and www.newbalanceindia.co.in, are misrepresenting itself as being linked to the plaintiff, to the extent that the defendants are using the plaintiff’s registered logo. The plaintiff has placed on record screenshots of the websites of the Defendants 1 to 10. The plaintiff has further submitted that the defendants are resorting to unlawful trade practices as when orders are placed on the defendants’ websites, payments are exacted from the persons placing the orders but no goods are provided. The plaintiff claims to have itself suffered one such attempt.
ISSUES:
- Whether there exists a case for infringement of the plaintiff’s registered mark?
- Whether an ex parte ad interim injunction can be granted against the defendant?
JUDGEMENT:
An ex parte injunction order was passed in which the court made the following observations:
- Defendants as well as any other entity acting through them or on their behalf were restrained from using the registered trademark “NEW BALANCE” and “NB” trademarks of the plaintiff in any manner, whatsoever including by reflecting the said marks on their websites at any point or position.
- The defendants were also restrained from operating through websites which are deceptively similar to that of the plaintiff, supposedly violating the copyright held by the plaintiff in its websites.
- Defendants were directed to suspend and render inoperative the domain name registrations, till further orders. Further, they were also directed to issue a notification calling on all Internet Service Providers registered under them to render inaccessible, within the territory of India, access to Defendants. The plaintiff was also given liberty to approach the Court, should any other such infringing website come to its notice, for similar interim reliefs.