The Delhi High Court has ruled in favor of Adidas AG, the renowned German sportswear brand, granting a permanent injunction against a company with a similar name and awarding Rs 14.22 lakh in damages for trademark infringement. The decision was delivered on July 19 by Justice Sanjeev Narula, concluding a lengthy legal battle that spanned 13 years.
The court’s verdict includes nominal damages of Rs 3 lakh and litigation costs of Rs 11.22 lakh incurred by Adidas in its fight to protect its trademark rights. The defendants, trading under the name โADIDASโ, argued that their adoption of the trademark was a genuine homage to personal affection. They claimed the name was inspired by the affection one of the defendants had for his elder sister, known as โADIโ in the Sindhi community, and described himself as her devoted follower (‘Das’ in Sindhi), hence the term โADIDASโ.
Despite their arguments of personal connection and the defense that they operated outside the Delhi jurisdiction, the court affirmed its authority over the case based on the defendantsโ business operations linked to ADIDAS India Marketing Pvt. Ltd, located in Satbari, New Delhi. The court also dismissed claims by the defendants regarding the delayed lawsuit and their use of the trademark since 1987, noting they failed to provide sufficient evidence to support their assertions.
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Justice Narula emphasized that the trademark โAdidasโ holds a high degree of distinctiveness due to its coined nature, warranting broad protection under trademark law. The similarity between the defendant’s and Adidas’s goodsโtextiles and garmentsโposed a “real likelihood of confusion” among consumers.
