JUDGMENT (Oral)

I.A.17325/2022 (under Order XXXIX Rules 1 & 2 of the CPC)

1. The plaintiff Foot Locker Retail, Inc. is a company incorporated in the United States in 1974. The plaintiff claims to be involved in manufacture and sale of footwear, under the "FOOT LOCKER" brand and since 1974 internationally. The plaintiff holds registrations of the brand "FOOT LOCKER" in over 100 international jurisdictions. In India, the device [IMG] was registered in favour of the plaintiff in Class 35, which deals with "shoes, footwear and athletic clothing", with effect from 31st October 1988. The plaintiff also has an online presence through the websites www.footlocker.com and www.kidsfootlocker.com, both created in 1995.

2. The plaintiff has, in the plaint, referred to various awards and encomiums which it has earned over a period of time and contends that it has, by now, become a world famous brand.

3. Though the plaint asserts that the plaintiff was commercially using "FOOT LOCKER" as a brand in India, at least since 2015, the invoices placed on record with the plaint indicate such user since 2018.

4. On 22nd January 2021, the plaintiff applied with the Registry of Trademarks for registrati