$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12^th December, 2023 + CS(COMM) 252/2023, I.As. 16768/2023, 21206/2023 &

24831/2023 NEW BALANCE ATHLETICS INC. ..... Plaintiff Through: Mr. Urfee Roomi, Ms. Janaki Arun, Mr. Anubhav Chhabra, Ms. Anuja Chaudhury, Mr. Alvin Antony, Mr. Ritesh Kumar, Mr. Jaskaran Singh, Mr. Ayush Dixit, Ms. Radhika Arora, Advs. (M. 9818098835)

versus JITENDER KUMAR, TRADING AS J. K. ENTERPRISES & ORS. ..... Defendants Through: Mr. Pardeep Dhingra, Mr. Archit Relan and Mr. Pradeep Kumar, Advs. (M. 9899617975)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-New Balance Athletics, Inc. a US based Company seeking protection of its ‘NB’ shaded logo which is used in respect of footwear shoes and other related products.

The various marks of the Plaintiff are set out below:-

CS(COMM)252/2023 Page1of17 Signature Not Verified Digitally Signed

3. The mark ‘N’ is stated to have been used on footwear since 1970’s when the Plaintiff launched its athletic shoes. Over the years, the Plaintiff is stated to have used the letter ‘N’ along with the com