Delhi High Court Declared 'New Balance' And 'NB' Trademark Of US-Footwear Apparel Brand As 'Well-Known'

The Delhi High Court in the case New Balance Athletics Inc. v. New Balance Immigration Private Limited observed and has declared the footwear and apparel brand New Balance’s marks as well-know.

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The bench headed by Justice Prathiba M. Singh in the case observed and has stated that there shall be no monopoly in the words ‘New’ and ‘Balance’ if it is used separately in respect of any other goods or services.

The court stated that the new mark ‘NEW BALANCE’ is a unique combination of two distinctive words i.e., ‘New’ and ‘Balance’ which have no such connection, allusion, or description of the products of the services offered by the Plaintiff.

Therefore, the court stated that the logo [NB] is also quite distinctive and has been repeatedly enforced by the Court orders against misuse and that the global reputation of the Plaintiff ’s marks have been proved on record.