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 Signature Not Verified Digitally Signed CS(COMM)444/2022 Page 1 of 11 claims rights in the marks “NEW BALANCE”, letter combination “NB” and the “NB” device mark which are extracted hereinbelow:-

4. The Plaintiffis acompanyestablishedinthe year 1906intheUSA,and the mark “NEW BALANCE” is used both as a mark as also as a prominent feature of the corporate name of the Plaintiff’s Company. Though the mark was initially adopted as “NEW BALANCE” in full form, over the years, the markhas cometobe known as “NB”.The mark “NB”is also described on the footwearandapparelswhicharemanufacturedbythePlaintiffintheUSsince

1974.

5. The business of