Delhi High Court rules in favour of Bata in 'POWER FLEX' trademark suit

The Delhi High Court on Monday upheld an order restraining a footwear manufacturer from using the mark ‘POWER FLEX’, ruling in favour of Bata India in its trademark infringement suit.

 

A Division Bench led by Justice C Hari Shankar and Justice Om Prakash Shukla dismissed two cross-appeals, one filed by Leayan Global, the company behind the disputed mark, and another by Bata, which sought a broader injunction.

 

The Bench affirmed a single judge order that Leayan’s use of POWER FLEX amounted to infringement of Bata’s registered trademark POWER, which has long been associated with its line of sports and casual footwear.

 

 

The court observed that Leayan had no registration over POWER FLEX or any related mark, whereas POWER was a registered and distinctive trademark belonging to Bata. It held that Leayan could not rely on any defence under the Trade Marks Act, 1999, since its use of POWER FLEX was neither authorised nor incidental to fair descriptive use.

 

Noting that Bata’s POWER brand enjoys significant recognition in the footwear market, the judges said there was a strong likelihood of consumer confusion. An average buyer familiar with Bata’s POWER range, the court reasoned, could easily assume that POWER FLEX was an extension or sub-brand of the same line, particularly since both were used for footwear products.

 

However, the Bench declined Bata’s request to bar Leayan from using the slogan ‘THE POWER OF REAL LEATHER’ in its advertisements. The judges found that the phrase, when read in its entirety, emphasised the quality of the material rather than invoking Bata’s trademark.

 

Since the word POWER was not given undue prominence, the court held that the tagline did not mislead consumers or suggest any association with Bata’s POWER products.