Nike Wins Trademark Infringement Suit: ₹3.10 Lakh Damages Awarded
Case: Nike Innovate C.V. v. Fabulous Fashion & Ors.
Court: District Judge (Commercial Court)-03, South District, Saket Courts, New Delhi
Case No.: CS (COMM.) No. 82/2023
Judgment Date: 25 August 2026
Subject: Trademark Infringement, Passing Off & Copyright Infringement
Case Background
Nike Innovate C.V., proprietor of the well-known NIKE brand and several associated trademarks and logos, instituted a commercial suit against Fabulous Fashion, Den Sneakers and Sonam Tibet Shop before the Delhi Commercial Court.
Nike alleged that the defendants were dealing in footwear and apparel bearing Nike's registered trademarks and labels without authorization. According to Nike, the defendants were using identical or deceptively similar marks and labels on counterfeit products, thereby infringing Nike's trademark and copyright rights.
Trademarks Involved
The proceedings involved several Nike marks and branding elements, including:
- NIKE
- Swoosh Logo
- NIKE AIR
- DRI-FIT
- FLYKNIT
- JORDAN
- Jumpman Logo
Nike placed its trademark registrations and supporting documents before the Court to establish its statutory rights in these marks.
Discovery of Counterfeit Products
An important aspect of the case was the appointment of Local Commissioners to inspect the defendants' premises. During the inspections, substantial quantities of footwear and apparel bearing Nike's impugned marks and labels were found.
| Premises | Products Found |
|---|---|
| Defendant No. 2 | 214 pairs of shoes, 8 T-shirts, 1 jacket and 2 packing materials |
| Defendant No. 3 | 27 pairs of shoes, 28 T-shirts, 6 jackets and 10 lowers |
| Defendant No. 1 | 39 pairs of shoes and 1 single shoe |
The seizure proceedings provided important evidence concerning the defendants' alleged unauthorized use of Nike's trademarks and labels.
Proceedings Before the Court
The defendants' Written Statements were filed beyond the prescribed statutory period. By an order dated 25 July 2025, the Written Statements were struck off the record.
During the subsequent proceedings, the defendants were proceeded against ex parte. Nike led evidence through its witness and produced documentary evidence concerning its trademark registrations, copyright rights, products and the allegedly infringing goods.
The Court noted that Nike's evidence remained unrebutted and unchallenged.
Court's Findings
The Court considered the similarity between Nike's registered marks and the marks and labels used on the defendants' products.
The Court found that the defendants had used marks and labels incorporating the essential and distinctive features of Nike's registered trademarks.
Since the defendants were dealing in footwear and apparel, which were closely connected with the goods for which Nike's marks were protected, the unauthorized use had the potential to cause confusion among consumers.
The Court accordingly found the defendants liable for trademark infringement and passing off.
The Court also accepted Nike's case concerning infringement of copyright in its artistic works and labels.
₹3,10,000 Damages Awarded
The Court awarded ₹3.10 lakh as damages in favour of Nike, payable by the defendants jointly and severally.
Why Were Damages Awarded?
Nike had claimed ₹3,10,000 as damages. Considering the circumstances of the case, including the recovery of counterfeit and infringing products from the defendants' premises, the Court awarded the claimed amount.
In addition to damages, the Court also awarded the costs of the suit in favour of Nike.
Final Order of the Court
The Delhi Commercial Court granted Nike a permanent injunction, restraining the defendants from using Nike's registered trademarks and deceptively similar marks in relation to the relevant goods and business activities.
The Court further directed delivery up of the infringing and counterfeit material for destruction, subject to the applicable period for filing an appeal.
Therefore, the relief granted to Nike was not limited to monetary compensation. The defendants were also restrained from continuing the unauthorized use of Nike's intellectual property.
Key Legal Takeaways
Case Summary
| Plaintiff | Nike Innovate C.V. |
| Defendants | Fabulous Fashion & Ors. |
| Court | Commercial Court-03, South District, Saket Courts, New Delhi |
| Case No. | CS (COMM.) No. 82/2023 |
| Judgment Date | 25 August 2026 |
| Claims | Trademark Infringement, Passing Off & Copyright Infringement |
| Damages | ₹3,10,000 |
| Other Reliefs | Permanent Injunction, Delivery Up & Destruction, Costs |
Conclusion
The decision in Nike Innovate C.V. v. Fabulous Fashion & Ors. highlights the importance of effective enforcement of trademark rights against counterfeit goods.
The award of ₹3.10 lakh damages, together with permanent injunctive relief, delivery up and destruction of infringing material, demonstrates the range of remedies that may be granted where trademark and related intellectual property infringement is established before a Commercial Court.