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.
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Written by: Radhika Shekhawat