Delhi High Court Upholds Bata's Trademark Rights Against Leayan Global Pvt Ltd
Court Grants Injunction on "Power Flex" Use, Yet Permits "The Power Of Real Leather" Tagline
In a significant judgment, the Delhi High Court's Division Bench, comprising Mr. C. Hari Shankar and Mr. Om Prakash Shukla, upheld Bata India Ltd's rights over its registered trademark "POWER," delivering a verdict against Leayan Global Pvt Ltd for using the mark "Power Flex" in connection with footwear. The judgment was pronounced on December 15, 2025, following appeals from both parties challenging interim orders concerning trademark infringement.
Bata India Ltd, the renowned footwear company, accused Leayan Global Pvt Ltd of infringing its trademark "POWER" by using "Power Flex" for its leather footwear line. Leayan contended that the marks were not similar enough to cause confusion among consumers and argued for the longstanding use of "Power Flex" since 2010. Despite the arguments, the court found "Power Flex" to be deceptively similar to Bata's "POWER," emphasizing the likelihood of public confusion and association between the trademarks.
The court granted a permanent injunction against Leayan, prohibiting the use of "Power Flex" for footwear and related products. However, it allowed the tagline "The Power of Real Leather," noting that it did not unduly emphasize the word "POWER" to cause confusion with Bata's trademark.
Furthermore, the judgment addressed procedural aspects of the case, critiquing the practice of arraying parties in litigation. It overturned the deletion of Chawla Boot House, a retailer of Leayan, from the list of defendants, emphasizing that retailers and manufacturers were equally liable for trademark infringement.
While the court permitted Leayan to dispose of its existing stock of footwear under strict conditions, it directed monthly statements of disposal to be filed, ensuring compliance with the injunction.
The judgment reinforces the protection offered to registered trademarks under the Trade Marks Act, 1999, underscoring the importance of maintaining distinctiveness and avoiding consumer confusion. The court's decision serves as a reminder of the stringent standards applied to trademark disputes in India's commercial landscape.
Bottom Line:
Trademark Law - The use of the mark "Power Flex" for leather footwear by Leayan Global Pvt Ltd infringes the registered trademark "POWER" of Bata India Ltd, which has been in use for canvas footwear. The similarity of the trademarks and the possibility of confusion or association in the minds of the public justifies the injunction against Leayan's use of "Power Flex."
Statutory provisions: Trade Marks Act, 1999 Sections 28, 29, 33, 35; Civil Procedure Code, 1908 - Order I Rule 10
Leayan Global Pvt Ltd v. Bata India Ltd, (Delhi)(DB) : Law Finder Doc id # 2821961
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