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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 2^ndNovember, 2023

+

CS(COMM) 444/2022 & I.A. 11940/2023

NEW BALANCE ATHLETICS INC.

..... Plaintiff

Through:

Mr. Dushyant K. Mahant, Mr. Urfee

Roomi,

Ms.

Janaki

Arun,

Mr.

Anubhav

Chhabra,

Ms.

Anuja

Chaudhury, Mr. Alvin Antony, Mr.

Jaskaran Singh, Mr. Ayush Dixit, Mr.

Ritesh

Kumar and Ms. Radhika

Arora, Advocates (M: 9818098835).

versus

NEW BALANCE IMMIGRATION

PRIVATE LIMITED

..... Defendant

Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

1.

This hearing has been done through hybrid mode.

2.

The present suit has been filed by New Balance Athletics Inc. a U.S.

based Company seeking protection of its marks “NEW BALANCE” and

“NB” against misuse by the Defendant- New Balance Immigration Private

Limited. Apart from permanent injunction, damages etc., against the

Defendant, the Plaintiff also seeks a declaration of its marks as well-known

marks.

3.

The brief background is that the Plaintiff is engaged in the business of

design, manufacture, marketing and sale of footwear, readymade clothing. It

Digitally Signed

By:DHIRENDER KUMAR

Signing Date:03.11.2023

18:38:35

Signature Not Verified

claims rights in the marks “NEW