May 8, 2023
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Under Armour wins Delhi High Court lawsuit against Aditya Birla Fashion Retail Limited

May 8, 2023

US-based performance wear business Under Armour has won its Delhi High Court trademark infringement lawsuit against Aditya Birla Fashion and Retail Limited, which is now forbidden to use any logos or motifs deemed deceptively similar to those of Under Armour. 

Under Armour uses distinctive text-based branding, shown on the straps in the garment pictured - Under Armour- Facebook

The Delhi High Court ruled that logos and motifs used by Aditya Birla Fashion and Retail Limited on its own performance wear reading ‘Street Armor’ were infringing on the intellectual property rights of Under Armour and its ‘Under Armour’ branding, ET Bureau reported. Aditya Birla Fashion and Retail did appeal the court’s decision, but a Divisional 2 Judge Bench of the Delhi High Court rejected it. 
Following the ruling, Aditya Birla Fashion and Retail has been given three weeks to file an undertaking with the court. The session had seen advocates C M Lall appear for Aditya Birla Fashion and Retail and Rishi Bansal appear for Under Armour. 

Under Armour began retailing in India in 2018. The court heard that it is an established global brand and that the branding used by the defendant was similar enough to count as ‘passing off’, meaning that it could cause a consumer to purchase it believing it was a product of Under Armour. 

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