An industrialist has been stopped from using a brand name similar to Adidas AG, a leading company manufacturing sports goods and apparel. This ban has been imposed by the Delhi High Court in a decision. The textile entrepreneur had argued that he was using the name Adidas to show deep respect for his elder sister. According to the news of Bhasha, on this the court said that there is no evidence to confirm the claim of choosing the name Adidas to express affection towards the sister. In such a situation, the name which is deceptively similar to the trademark of the German company should not be used.
Argument regarding Sindhi community
According to the report, the defendant Keshav H Tulsiani had argued that he wanted to use the name Adidas to express his deep respect for his elder sister. He had said that in the Sindhi community, the elder sister is called ‘Adi’ and he considered himself her devotee i.e. ‘das’. The industrialist claimed that the word ‘Adidas’ (devotee of an elder sister) was conceived by combining ‘Adi’ (elder sister) and ‘das’ (devotee) to reflect this familial devotion and affection.
The court imposed a hefty fine
Tulsiani is a partner and director of Adidas Weaving Mills, Adidas Textiles Industries and Adidas Merchandise Pvt Ltd. However, Justice Sanjeev Narula rejected the claim, saying that imitation of a distinctive and famous trademark like ‘Adidas’ can reduce its distinctiveness. In such a situation, unauthorized use of such a trademark by the defendants should be seen as an attempt to benefit from the established reputation and goodwill of the plaintiff.
While giving its verdict on the petition filed by Adidas AG, the court said that there has been trademark infringement in this case and hence the plaintiff is entitled to get a permanent injunction. Along with this, the court stopped the defendant from using the Adidas symbol in any form. Apart from this, an order was also given to pay a compensation of Rs 3 lakh and Rs 11.22 lakh as litigation costs.
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