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Block website selling ‘first copy’ of New Balance, Adidas, Louis Vuitton products at discount: Delhi HC

The court said that New Balance has made out a prima facie case for grant of an injunction and the balance of convenience also lies in its favour.

delhi high court, indian expressDirecting the petitioner to give extra classes for a month in his school, the court said the investigating officer and the principal shall ensure that the classes take place. (File Photo)

The Delhi High Court has ordered blocking of a website which was accused of selling ‘first copy’ of various popular footwear brands like New Balance, Adidas, Louis Vuitton and Nike at highly discounted prices.

Justice Navin Chawla in an order also sought details and KYC documents of three mobile numbers through which the website ‘www.myshoeshop.in’ was allegedly offering the goods. The court also ordered the suspension of the Instagram page of the website and asked for details of its owner.

The order was passed on a commercial suit filed by New Balance Athletics Inc, the US-based manufacturer which has been in the business of footwear since 1906 with its presence in more than 120 countries including India. In the suit, New Balance accused ‘Ashok Kumar Trading’ of selling counterfeits of its footwear and also that of other well-known brands.

The court said that New Balance has made out a prima facie case for grant of an injunction and the balance of convenience also lies in its favour. “An irreparable loss would be caused to the plaintiff and also to the consumers if defendant no. 1 is not restrained by an ad-interim order from continuing with their web portal,” it said.

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The court further said it is clear that the defendant is not only violating the trademark right of New Balance but other well-known brands as well. Issuing summons in the suit, the court asked the defendant to file a written statement within 30 days. The case will come before the court for hearing on November 9.

New Balance earlier informed the court that they first used the letter ‘N’ on the footwear in 1970 and the use of a combination ‘NB’ as a trademark on the footwear also began in the 1970s. The court was told that the manufacturer has incorporated subsidiary companies in India namely New Balance IT Services India Private Limited and New Balance India Private Limited. New Balance has also entered into a franchisee agreement with a leading Indian party and its stores are operating in various places in India, it was further submitted.

First published on: 15-08-2022 at 05:58:18 pm
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