Delhi High Court rules in favour of English Football Association over Trademark Infringement

The Delhi High Court recently sustained the registration of the Premier League trademark for The Football Association Premier League Limited.

The trademark had been challenged by Indian textile company Premier Mills. It was done in opposition of the trademark appearing on clothing, footwear and headgear.

Premier Mills said that the trademark was a part of the Premier Group, a reputed company for quality goods in the clothing industry since the past 70 years. The company claimed that the Premier League mark had a striking resemblance to their own. Furthermore, the two brands would end up competing with each other in the same category i.e footwear clothing and headgear.

Upon deliberation, Justice Anish Dayal ruled that any application in Class 25 is undoubtedly for the purpose of selling merchandise and it is normal for them to want to protect it.

“Selling of sports merchandise has become concomitant to the business and revenues of sporting organizations and the greater reputation and goodwill that the sporting event has, the greater is the fan craving for the merchandise. It is nobody's case that the respondent is planning to get into wholesome manufacture, distribution, export of general clothing goods and their use is clearly relatable to the sporting merchandise, considering that the mark is distinctive and relates to the Football League,” Dayal ruled.

The court also ruled that the Premier League mark is registered under the The Football Association in multiple countries across the world which fortifies their claim over it.

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