Background overview

recent, New Balance (New Balance Athletics Inc. ) yasJ. Kcorporation (J. K Enterprise) Gitendahl, who does business under the name．Kumar (Jitendar Kumar) The dispute between them has aroused people's concern. New Balance is a famous American sportswear company. The presiding judge in the case was Pratibha．Singer (Pratibha M. Singh) . New Balance for shoes and related items "NB" The shadow logo is the focus of controversy.

New Balance's global reach and enforcement efforts

New Balance stressed, Since the20century70Since the ages, It has been in use ever since "N" This sign. The company talked about its strong overseas presence, Huge income, Huge advertising expenditure and sponsorship of a large number of important sports events through celebrity endorsement. The company highlighted the fact, Its subsidiaries are very keen on promotion and advertising, And from1986Since then, it has gradually occupied a certain market position in India.

rightJ. KAllegations made by the company

New Balance charges defendant Kumar (wherewithJ. KThe company carries out related business for the name) The logo of the shoes produced "imitate" New Balance "NB" and "N" mark. On account ofJ. KThe company continued to insist on using the contested trademark even after receiving legal notice, So New Balance sued, And asked for an injunction. The court first granted a temporary injunction to prevent the defendant from using the contested trademark. however, The accused violated the prior rules, Continued to use the trademark, The move led to more legal action by New Balance.

Contempt and further legal action

J. KThe company completely ignored the court's previous ruling, Violated a promise not to use the contest logo, Continued defiance of court orders. The plaintiff, New Balance, took additional legal action, According to India "Civil procedure law" (CPC) The first39Command no2AAn additional petition was filed, In response to this lack of cooperation. The defendant continued to use the contested trademark without approval, This is a clear violation of the court order, Therefore, it is necessary for the plaintiff to take further legal action.

To prevent the defendant from using the contested trademark, The court issued an interim order at an early stage in the proceedings. In the initial stages of litigation, The court made an interim order, The defendant is prohibited from using the contested trademark. merely, The defendant again violated the court's injunction, Although the wording given by the court is clear and unmistakable.

The court ordered the local commissioner to go to the location of the accused, Investigate materials and goods bearing contested marks. then, The commissioner submitted a report, It includes a detailed description of the extent to which the defendant's commercial activities use the contested mark.

The report itself is a detailed piece of evidence, Demonstrates the defendant's complete disregard for the court's order. The local commissioner also confirmed the extent to which the defendant had flouted the law and the authority of the court through the widespread use of the trademark. therewith, The plaintiff relied on the fact that the defendant had repeatedly violated the rules, Reference #39Command no2AProvision of paragraph, Further legal action was initiated. When the other party ignores an injunction or temporary order, This provision provides a remedy for the party further violated.

Recognition of well-known trademarks

The court affirmed New Balance based on various judicial decisions "N" Type shadow logo of well-known trademark status. According to Hermes International (Hermes International) prosecuteCrimzon Fashion Accessories Pvt. Ltd. The outcome of the case, and1999years "Trademark law" The first11article6The contents of the paragraph listed, The court may be used to determine whether a trademark should be considered "famous" The various factors are thoroughly analyzed.

1999years "Trademark law" The first11article6The various factors listed in section (These factors were also highlighted in the Hermes International case) include: The extent to which the mark is recognized or recognized by the relevant public authorities (Including the recognition gained in India through marketing activities) ; The duration of use of the trademark, Size and geographic scope; The duration of the sales campaign, Scope and geographic area (Includes advertising at trade fairs or exhibitions, Publicity and display) ; On the basis of "Trademark law" The period and geographical area for registering a trademark or filing an application for trademark registration (To reflect its use or approval) ; A record of successfully defending trademark rights (In particular, a record of being considered a well-known trademark by a court or a registered officer) .

People need to carefully consider the relevant evidence and statements in the proceedings, To enable the courts to adopt the above standards in relevant cases. In the present case, The court found that New Balance was widely and on a large scale used in the footwear industry "N" This sign. The court said, The plaintiffs used it extensively in the footwear and apparel industries "N" Shadow mark. The plaintiff provided information about the recognition of the mark abroad, Use evidence of historical and geographic scope, To support their claims. The court held that, "N" The shadow logo has become a well-known trademark due to its uniqueness and wide recognition.

peroration

Judge Singh handed down the verdict in the case, She believes that the settlement after the plaintiffs' strong lawsuit deserves the attention of all concerned parties. J. KThe long-running legal dispute between the company and New Balance has also finally been resolved in court. (Be compiled fromwww. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wu Xian



　　disclaimer: This network reprint or compile the original articles are from the network, Does not represent the views of this website or confirm the authenticity of its content. If the source is mislabeled or the copyright of the article is involved, Please contact us, This website will be corrected in due course, delete, thank you.