Delhi HC upheld a temporary ban on Leayan Global from using the "Power Flex" mark, ruling in favour of Bata in a trademark dispute.
The court dismissed appeals from both Leayan, which challenged the restraint, and Bata, which sought a broader ban.
It held that "Power Flex" was too similar to Bata's long-standing "Power" trademark and could mislead consumers.
Delhi HC Rules in Favour of Bata in 'Power Flex' Trademark Dispute
The case centres on Bata's registered trademark "Power", which has been used for many years for its sports and casual footwear
Delhi HC Rules in Bata–RSPL Group Trademark Dispute, bars Use of ‘Power Flex’ Shutterstock
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The Delhi High Court on Monday upheld an order that temporarily stops Kanpur-based Leayan Global, the leather and footwear division of RSPL Group, from using the "Power Flex" mark for its footwear products. The court ruled in favour of Bata India in the trademark infringement case.
A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla dismissed appeals filed by both sides. Leayan Global had challenged an earlier order that restrained it from using the mark, while Bata had asked for a wider ban.
The case centres on Bata's registered trademark "Power", which has been used for many years for its sports and casual footwear. The court reasoned that Leayan’s use of "Power Flex" was too similar and could confuse customers into thinking their products were connected to Bata.
The judges highlighted that Bata's "Power" brand enjoys significant recognition in the footwear market and said an average buyer familiar with the brand could easily believe that "Power Flex" was a new product line or sub-brand from Bata, especially since both companies sell footwear.
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The court also noted that Bata owns a valid and registered trademark for "Power", which is well known in the footwear market. In contrast, Leayan does not have any registration for "Power Flex" or any related mark.
The court said Leayan could not claim protection under the Trade Marks Act, 1999, as its use of the word "Power" was neither authorised nor a fair or descriptive use.
However, the court did not fully accept all of Bata's demands.
It refused to stop Leayan from using the advertising slogan "The Power of Real Leather", as the Bench said the phrase, when read as a whole, focused on the quality of leather rather than trying to copy or take advantage of Bata’s trademark.
The court also noted that the word "Power" was not highlighted in a way that would mislead customers or suggest a connection with Bata. As a result, Leayan is allowed to continue using the slogan in its advertisements.
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