Delhi HC orders to ban Website selling ‘first copy’ of New Balance, Adidas, Louis Vuitton products at discount

• Image Credit: MSN

• Aug 16, 2022 | Kabir Chakraborty

New Balance claimed in the lawsuit that "Ashok Kumar Trading" was selling knockoffs of both its footwear and that of other well-known brands.

Digital Desk: 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 caused 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
summoned the defendant in the case and ordered him to submit a written
statement within 30 days. On November 9, the case will be heard by the court.

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.