UNDER ARMOUR INC. vs ASHWANI & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 150/2023 & I.A. Nos. 8419/2023 & 8421/2023 UNDER ARMOUR INC. .....Petitioner Through: Mr. Deepak Shrivastava with Mr. Rishi Bansal and Mr. Rishabh Gupta, Advocates. Email: [email protected] versus ASHWANI & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal and Mr. Debasish Mishra, Advocates for respondent no. 2. Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 06.03.2025 MINI PUSHKARNA, J: (ORAL) 1. Present petition has been filed seeking removal of entry pertaining to impugned registration of trademark/ label registered under no. 5372621 in Class 25 from the Register of Trademarks. 2. The case, as canvassed by the petitioner, is as follows: 2.1 The petitioner, founded in the year 1996, is engaged in the business of manufacture, distribution, and sale of a large variety of goods, including, Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 150/2023 Page 1 of 11 By:AMAN UNIYAL Signing Date:30.03.2025 17:24:06 casual apparel, sports apparel, footwear, and other allied/related products, including, maintaining its exclusive stores, branding thereon and extensive branding on packaging of products, store paraphernalia, etc. 2.2 The petitioner is known worldwide for its UNDER ARMOUR, UA, and ARMOUR trademarks, also represented through its distinctive logo, i.e. . The said distinctive logo is an impression of interlocking U and A. 2.3 In order to expand its business, the petitioner initially adopted and started using various UA formative trademarks viz., UA RUSH, UA HOVR, UA TECH, UA RECORD, , etc., and/ or combinations, thereof. 2.4 Petitioner acquired international statutory rights in the word mark UA since its first use in the