Three factors to be considered to identify a well known mark of a comapny: Delhi High Court lays down test and grants recognition to New Balance Inc.
CASE NAME: NEW BALANCE ATHLETICS INC. V NEW BALANCE IMMMIGRATION PRIVATE LIMITED
CASE NUMBER: CS(COMM) 444/2022 & I.A. 11940/2023
DATE: 2.11.2023
CORAM: PRATHIBA M. SINGH, J
Introduction
The Delhi High Court laid down a three step method of identifying whether a mark is unique to a company, and if it can be granted legal recognition as a well known mark. This judgment review explains what the three steps as per the HC are
Facts of the case:
The appellant, New Balance Inc., a US based athletics company has filed for injunction and damages against New Balance Immigration private limited for misuse of their marks, and are seeking protection of “New Balance” and “NB”. These marks have been in use since 1987.
The court laid down a 3 factor test for identification of a well known mark of a company, and took into consideration frequency of use, geographical extent of its advertisement, and the knowledge and recognition of the same.
After a detailed analysis of the same and comparison of the two marks used by the parties involved, the court concluded that New Balance inc., the US based company, can be granted legal recognition of their mark as well known marks and hence protected under Intellectual Property Rights.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by: Radhika Shekhawat