Nike sought a permanent injunction against unauthorised usage of its registered trademark "NIKE and its “SWOOSH DEVICE" in the case of Nike Innovate C.V. v. Hina Imported Shoes and Ors. at the Delhi District Court.
Nike, one of the most famous sports footwear brands in the world, boasts a world-wide market with its presence in more than 160 countries all over the globe. Nike adopted the marks 'NIKE’ and/or ‘SWOOSH DEVICE’ and/or ‘FLYKNIT’ and/or ‘FLYKNIT’ since 1978. The defendants, in this case were engaged in the business of manufacturing, distribution and sale of readymade garments and footwear at Palika Bazar, New Delhi. Nike alleged that the defendant were dishonestly using Nike’s trade mark causing huge losses both in business and reputation which cannot be compensated in terms of money. Nike sought permanent injunction against the defendants for infringement of its trade marks. A local commissioner was appointed to obtain and preserve the infringing goods obtained from the defendants as a result of inspection. This inspection revealed that the the goods seized were carrying Nike’s logo and mark.
As the defendant failed to appear and the photographs filed by LC in order to show that the goods seized were carrying the logo and mark of Nike, the Court held that a case against the defendants had been proven.
The Court further held that Nike was entitled to decree of permanent injunction restraining defendant from using, selling, soliciting, dealing with or disposing of the merchandise etc. of impugned goods containing NIKE’s trademarks. The Court also passed decrees for delivery of stock of goods comprising Nike’s marks and for the seized goods to be handed over to Nike. Damages were not awarded since no proof regarding rendition of accounts or damages was filed.
Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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