In a significant legal victory, US-based performance wear company Under Armour has won its trademark infringement lawsuit against Aditya Birla Fashion and Retail Limited (ABFRL) in the Delhi High Court.
The court ruled that ABFRL's use of logos and motifs on its performance wear, branded as 'Street Armor,' infringed upon the intellectual property rights of Under Armour and its well-established branding. Under Armour, which has been operating in India since October 2018, filed the lawsuit to restrain ABFRL from
using marks such as "STREET ARMOR," "SA," or "STRT ARMR" on identical goods. The court observed that Under Armour is a massive international brand with substantial and senior rights in India, and the marks used by Aditya Birla should be restrained due to their deceptive similarity.
The court heard that Under Armour's branding was similar enough to ABFRL's to count as 'passing off,' meaning that it could cause a consumer to purchase the product believing it was an Under Armour item.
Under Armour's counsel, Rishi Bansal, demonstrated the deceptive similarity between the two brands, including the "ARMOR" part of the mark, font, style, and lettering.
As a result of the ruling, ABFRL has been ordered to refrain from using the impugned marks and logos or any other mark that may be confusingly or deceptively similar to those of Under Armour. The court has given Aditya Birla three weeks to file an undertaking in these terms…
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