A website suspected of selling “first copies” of well-known shoe brands including New Balance, Adidas, Louis Vuitton, and Nike at steep discounts has been blocked by the Delhi High Court.
In a separate order, Justice Navin Chawla requested information and KYC records for three cellphone numbers that were allegedly being used to sell products on the website “www.myshoeshop.in.” The court also demanded information from the owner of the website’s Instagram profile and ordered its suspension.
The decision was made in response to a lawsuit brought by New Balance Athletics Inc., a US-based manufacturer with operations in more than 120 nations, including India, and a history in the footwear industry dating back to 1906.
New Balance claimed in the lawsuit that “Ashok Kumar Trading” was selling knockoffs of both its footwear and that of other well-known brands.
According to the court, New Balance has established a presumptive case for the issuance of an injunction, and the balance of convenience is likewise in its favour. It stated that if defendant no. 1 was allowed to continue operating their web portal without being stopped by an ad-interim order, “an irreparable loss would be made to the plaintiff and also to the consumers.”
The defendant is clearly infringing not only New Balance’s trademark rights but also the rights of other well-known brands, the court continued. The court issued a summons in the case, requesting that the defendant submit a written statement within 30 days.
The use of the letter “N” on shoes dates back to 1970, and New Balance previously informed the court that it first utilised the combination “NB” as a trademark on shoes in the 1970s. The firm, known as New Balance IT Services India Private Limited and New Balance India Private Limited, has subsidiary companies in India, according to information provided to the court. It was further submitted that New Balance has a franchise deal with a major Indian party and that its outlets are open throughout India.
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