Nike Innovate C.V. & Anr vs Ashok Kumar & Ors on 19 June, 2026

July 4, 2026

Delhi High Court – Orders

Nike Innovate C.V. & Anr vs Ashok Kumar & Ors on 19 June, 2026

                          $~SB-44

                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +         CS(COMM) 665/2026

                                    NIKE INNOVATE C.V. & ANR.                  .....Plaintiffs
                                                 Through: Mr. Rishi Bansal, Ms. Shruti
                                                           Manchanda and Ms. Deasha Mehta,
                                                           Advocates.

                                                                  versus

                                    ASHOK KUMAR & ORS.                                                                     .....Defendants
                                                Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE TEJAS KARIA

                                                                  ORDER

% 19.06.2026

I.A. No. 16064/2026(Exemption)

SPONSORED

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. No. 16065/2026 (to mask the identities of the Parties)

3. The Plaintiff apprehends failure of the Local Commission if the
identity of the Defendants is revealed and has requested masking of
identities of the Parties till the filing of the report of the Local Commissioner
in compliance with the Practice Direction No.139/Rules/DHC dated
27.05.2025.

4. Exemption is granted, subject to all just exceptions.

5. The Application is disposed of.

CS(COMM) 665/2026 Page 1 of 17

This is a digitally signed order.

6. This is an Application filed by the Plaintiffs seeking exemption from
instituting pre-litigation Mediation under Section 12A of the Commercial
Courts Act, 2015 (“CC Act“).

7. As the present matter contemplates urgent interim relief, in light of
the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi,
2023 SCC OnLine SC 1382, exemption from the requirement of pre-
institution Mediation is granted.

8. The Application stands disposed of.

I.A. No. 16063/2026 (Exemption from advance service to the
Defendants)

9. This is an Application filed by the Plaintiffs under Section 151 of the
Code of Civil Procedure, 1908 (“CPC“), seeking exemption from advance
service to the Defendants.

10. Mr. Rishi Bansal, learned Counsel for the Plaintiffs, submitted that
there is a real and imminent likelihood that the Defendants may take
immediate steps to dispose of, conceal or suppress its infringing business
operations and digital footprints bearing the deceptively similar Trade Mark.

11. In view of the fact that the Plaintiffs have sought an urgent ex-parte
ad-interim injunction along with the appointment of the Local
Commissioners, the exemption from advance service to the Defendants is
granted.

12. The Application is disposed of.

CS(COMM) 665/2026 Page 2 of 17

This is a digitally signed order.

13. This Application has been filed by Plaintiffs seeking permission to
place on record USB Flash Drive containing video clips of Defendants’
infringing activities.

14. In facts and circumstances as stated in the Application, the same is
allowed. The USB Flash Drive be taken on record.

15. Accordingly, the Application stands disposed of.
CS (COMM) 665/2026

16. Let the Plaint be registered as a Suit.

17. Issue Summons. Let the Summons be served to the Defendants
through all permissible modes upon filing of the Process Fee.

18. The Summons shall state that the Written Statement(s) shall be filed
by the Defendants within 30 days from the date of the receipt of Summons.
Along with the Written Statement(s), the Defendants shall also file an
Affidavit of Admission / Denial of the documents of the Plaintiffs, without
which the Written Statement(s) shall not be taken on record.

19. Liberty is granted to the Plaintiffs to file Replication(s), if any, within
30 days from the receipt of the Written Statement(s). Along with the
Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of
the documents of Defendants be filed by the Plaintiffs, without which the
Replication(s) shall not be taken on record.

20. In case any Party is placing reliance on a document, which is not in
their power and possession, its details and source shall be mentioned in the
list of reliance, which shall also be filed with the pleadings.

CS(COMM) 665/2026 Page 3 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26

21. If any of the Parties wish to seek inspection of any documents, the
same shall be sought and given within the prescribed timelines.

22. List before the learned Joint Registrar on 10.08.2026 for completion
of service and pleadings.

IA No. 16062/2026 (Additional Documents)

23. The present Application has been filed on behalf of the Plaintiffs
under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits
under the CC Act seeking leave to place on record additional documents.

24. The Plaintiffs are permitted to file additional documents in
accordance with the provisions of the CC Act and the Delhi High Court
(Original Side) Rules, 2018.

25. Accordingly, the Application stands disposed of.
I.A. No. 16059/2026 (U/O XXXIX Rules 1 & 2 of CPC)

26. Issue Notice. Notice be served through all permissible modes upon
filing of the Process Fees.

27. The present Suit has been filed for permanent injunction restraining
infringement of the registered Trade Mark, copyright, passing off, delivery
up, unfair competition for rendition of accounts / damages, etc.

28. The learned Counsel for the Plaintiffs made the following
submissions:

28.1. Plaintiff No. 1 is in the business of sportswear and goods, daily
wear apparels and goods suitable for sports and extreme weather
conditions inasmuch as to match the requirement of its various
consumers / athletes. Plaintiff No. 2 founded in the year 1908 is in
the business of manufacturing rubber-soled footwear for men,
women and children. Plaintiff No. 2 is the subsidiary of Plaintiff
CS(COMM) 665/2026 Page 4 of 17

This is a digitally signed order.

28.2. In the year 1971, Plaintiff No. 1 adopted the Swoosh logo /

‘ ‘ as its official logo. Plaintiff No. l’s Trade Mark

‘NIKE’ and Swoosh logo / ‘ ‘ have since then become
one of the world’s most recognizable trade marks.
28.3. Ever since its bona fide adoption of the Trade Mark ‘NIKE’ in the
year 1971, Plaintiff No. 1 has consistently been using the NIKE
word per se and formative variant thereof in stylized manner in
conjunction with other marks / words and Swoosh logo in relation
to its wide variety of said goods in the course of trade including
but not limited to ‘NIKE’ with or without SWOOSH Device /

‘ ‘ , ‘ ‘ , ‘ ‘ , ‘NIKE
AIR’, ‘A I R Nike Pro’ , ‘Niket+’ , ‘Nike Air Jordan’ , ‘Air
Jordan’, ‘Jordan’ , Jumpman device depicted as

‘ ‘ (“Plaintiff No. 1’s Marks”). etc.

28.4. Plaintiff No. 2 adopted and started using the Marks ‘All-Star
C.V.’, ‘Converse’, ‘Converse All Star’ along with the device

CS(COMM) 665/2026 Page 5 of 17

This is a digitally signed order.

‘ ‘ shall be (‘Plaintiff No. 2’s Marks”) in relation
to its goods and busniness of Plaintiff No. 2 in course of trade.
28.5. Apart from having rights under common law and the Copyright
Act, 1957, the Plaintiffs, in order to secure their proprietary rights
in Plaintiff No. 1’s Marks and Plaintiff No. 2’s Marks (“Subject
Marks”) and to prevent their misappropriation, dilution and
misuse by unauthorized persons, have applied for and obtained
trade mark registrations of the same.

28.6. The Subject Marks containing logos and devices constitute
‘original artistic work’ within the meaning of Section 2(c) of the
Copyright Act, 1957 (“Copyright Act“) thereby entitled to
copyright protection under the provisions of Section 14 of the
Copyright Act as well as by virtue of India’s membership to the
Berne Convention, the Universal Copyright Convention and the
International Copyright Order 1991. Therefore, any unauthorized
reproduction or imitation or use of the Subject Marks by any
unauthorized person would constitute infringement of copyright
under section 51 of the Copyright Act which is liable to be
injuncted under section 55 of the Copyright Act.

28.7. Ever since their inception, the Plaintiffs’ have been honestly and
bona fidely, continuously, commercially, openly, exclusively and
to the exclusion of others, uninterruptedly and in the course of
CS(COMM) 665/2026 Page 6 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26
trade and as proprietor thereof using the Subject Marks in relation
to their goods and business (“Plaintiffs’ Business”) and have built
up a worldwide and globally valuable trade, goodwill and
reputation thereunder and acquired proprietary rights therein.
28.8. The Plaintiffs on 12.06.2026 through their investigative resources
came across Defendant Nos. 1 to 4 who are individually and
collectively engaged in the business of manufacturing, whole-
selling, stocking, trading, selling and offering for sale, soliciting,
marketing and trading of counterfeit shoes, footwear, sports-wear,
athletic shoes, slippers and allied and cognate items and other
allied / related products bearing the Marks entirely identical to the
Subject Marks (“Counterfeit Products”). A photograph taken
from the premises of Defendant No. 1 during the investigation
depicting the Counterfeit Products are reproduced as under:

28.9. On the basis of the investigation undertaken by the Plaintiffs, it
was discovered that Defendant No. 1 is the prime manufacturer or
CS(COMM) 665/2026 Page 7 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26
supplier of the Counterfeit Products and Defendant Nos. 2 to 4 and
other unknown Defendants are manufacturing, warehousing,
storing, marketing, sale and trading in the Counterfeit Products.
Defendant Nos. 1 to 4 are working closely in connivance,
cooperation and operating in collusion with each other and are
engaged in covertly selling the Counterfeit Products without
issuing any formal invoices.

28.10. All the Defendants are following the exact same modus operandi
i.e. advertising and offering for sale the Counterfeit Products
through their respective websites / mobile application / social
media handles, accepting orders for delivery all over India
including in Delhi and accepting advance payment or cash on
delivery for the purchase of the Counterfeit Products. Screenshots
of the relevant extract from the website / mobile application /
social media handles of the Defendants evidencing the sale of
Counterfeit Products are reproduced below:

CS(COMM) 665/2026 Page 8 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26
28.11. The Defendants are using false description on the Counterfeit
Products to wrongly associate the Counterfeit Products with the
Plaintiffs and to wrongly convey to the public and customers that
the Counterfeit Products are sourced and originating from the
Plaintiffs.

28.12. The Marks adopted by the Defendants are entirely identical with
the Subject Marks in each and every aspect including structurally,
phonetically, conceptually, visually, artistic features, in its basic
idea, in its essential features etc. Competing goods and business of
the Defendants are also same to that of the Plaintiffs.
28.13. Thus, the impugned acts of the Defendants amount to infringement
of statutory rights and passing off the Plaintiffs’ proprietary rights.

Any person not knowing the relationship between the Parties to the
present Suit is bound to be confused and deceived by the
Counterfeit Products. Such a person may be led into deception by
CS(COMM) 665/2026 Page 9 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26
the belief that the Defendants are dealing with the Plaintiffs or
some vital links exists between the Plaintiffs and the Defendants or
that the Counterfeit Products emanate from the Plaintiffs
28.14. Therefore, the Plaintiffs have a prima facie case in their favour.

The balance of convenience is also in favour of the Plaintiffs and
against the Defendants. The Plaintiffs shall suffer and continue to
suffer irreparable loss and injury which cannot be compensated in
monetary terms unless an immediate ad interim ex-parte injunction
is granted, restraining the Defendants from committing the acts of
passing off and infringement of the Subject Marks.

29. The material placed on record prima facie demonstrates the Plaintiffs’
longstanding and extensive use of the Subject Marks and the valuable
goodwill and reputation subsisting therein. The investigation conducted on
behalf of the Plaintiffs, the photographs of the Counterfeit Products and the
screenshots of the Defendants’ online listings and promotional activities
prima facie indicate that Defendant Nos. 1 to 4 are engaged in the
manufacture, storage, marketing, offering for sale and sale of Counterfeit
Products.

30. The adoption and use of the Subject Marks by the Defendants,
without any authorisation from the Plaintiffs, appears calculated to ride upon
the goodwill and reputation associated with the Plaintiffs and to mislead
consumers into believing that the Counterfeit Products originate from, or are
associated with, the Plaintiffs. Such use is likely to cause confusion and
deception amongst members of the trade and purchasing public and is liable
to result in diversion of business as well as dilution of the distinctiveness
and source identifying function of the Subject Marks.

CS(COMM) 665/2026 Page 10 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26

31. Accordingly, the Plaintiffs have made out a prima facie case for grant
of an ad interim ex parte injunction. The balance of convenience lies in
favour of the Plaintiffs and against the Defendants, and irreparable harm
would ensue if the Defendants are not restrained at this stage.

32. Accordingly, till the next date of hearing, the Defendants by
themselves, through their individual proprietors / partners, agents,
representatives, distributors, assigns, heirs, successors, stockists and all
others acting for and on their behalf are restrained from engaging in the act
of manufacturing, marketing, using, selling, trading, soliciting, importing,
exporting, displaying, advertising, purveying, intending to sell / solicit either
through their physical stores or on any online marketplaces / websites /
social media, or by any other mode or manner dealing in or using in any
manner the Subject Marks ‘NIKE’ with or without SWOOSH Device /

‘ ‘/’ ‘/’ ‘ / ‘NIKE AIR’ / ‘A I R
Nike Pro’ / ‘Niket+’ / ‘Nike Air Jordan’ / ‘Air Jordan’ / ‘Jordan’ / Jumpman

device depicted as ‘ ‘/’ ‘/’ ‘/

‘ ‘/’ ‘ and its varients / formative
marks / labels / logos, or any other trade mark which are identical /
deceptively similar to the Subject Marks of the Plaintiffs and from doing any

CS(COMM) 665/2026 Page 11 of 17

This is a digitally signed order.

33. Let the Reply to the present Application be filed within four weeks
after service of Notice. Rejoinder thereto, if any, be filed before the next
date of hearing.

34. The compliance of Order XXXIX Rule 3 of the CPC be done within
two weeks.

35. List before the Roster Bench on 18.08.2026.

I.A. No. 16060/2026 (for Appointment of Local Commissioners)

36. The present Application has been filed by the Plaintiffs under Order
XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking
appointment of three Local Commissioners. The Court has considered the
merits of the Plaintiffs’ case and has granted an ex-parte ad-interim
injunction as recorded above in I.A. 16059/2026 under Order XXXIX Rule
1 & 2 of the CPC.

37. Accordingly, in order to ensure that the injunction is fully complied
with, it is deemed appropriate to appoint Local Commissioners to visit the
Defendants’ premises at the following address:

                             Sr.           Particulars                    Name     of  Local
                             No.                                          Commissioner
                             1.            Defendant No. 1:               Mr. Apekshit Kalra,
                                           Trading as M/s Rest in Advocate [Mobile No.
                                           Foot/Deepak Footwear Nagla 7838982055]
                                           Kali, Kali Ka Nagla, Kaulakha,
                                           Deori Road, Near Wine & Beer
                                           Shop, Agra, Uttar Pradesh -
                                           282001



                          CS(COMM) 665/2026                                                                                Page 12 of 17




This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26

2. Defendant Nos. 2 and 4: Mr. Sanskar Gupta,
i. Trading as M/s Kohinoor Advocate [Mobile No.
Impex 1/113, 1/114, Rakab 7042409521]
Ganj, Khoja Haveli, Agra
Uttar Pradesh.

                                            ii. Trading as M/s Topper
                                                 Saheb Shoes Khoja Haweli
                                                 Road, Near Kirti Nagar,
                                                 Dhakran           Crossing,
                                                 Panchkuian,     Rakabganj,
                                                 Agra, Uttar Pradesh -
                                                 282003.
                             3.            Defendant No. 3:                                         Mr.   Snehil   Tiwari,
                                           M/s Brite way shoes / Pragati                            Advocate [Mobile No.
                                           Footwear 17 / 6, Hing ki Mandi,                          8934045903]
                                           Sadar Bhatti, Agra, Uttar Pradesh
                                           - 282003.

38. The learned Counsel for the Plaintiffs submitted that the Plaintiffs are
currently in the process of identifying the individuals involved in the trade
of the Counterfeit Products. Accordingly, it was requested that the Local
Commissioners be appointed on a continuous basis for visiting the other
premises identified during the ongoing investigation concerning the
Counterfeit Products. Accordingly, Mr. Apekshit Kalra, Mr. Sanskar Gupta
and Mr. Snehil Tiwari are appointed as the Local Commissioners on a
continuous basis.

39. The mandate of the learned Local Commissioners is as under:

i) The learned Local Commissioners shall visit the premises of
the Defendants as per the above table, to inspect and seize any
Counterfeit Products, fully or semi-manufactured Counterfeit
Products of the Defendants bearing the Marks ‘NIKE’ with or without

CS(COMM) 665/2026 Page 13 of 17

This is a digitally signed order.

‘ ‘ / ‘NIKE AIR’ / ‘A I R Nike Pro’ / ‘Niket+’ / ‘Nike
Air Jordan’ / ‘Air Jordan’ / ‘Jordan’ / Jumpman device depicted as

‘ ‘ / ‘ ‘ / ‘ ‘ /

‘ ‘/’ ‘ or packaging which is
identical or deceptively similar to the Subject Marks.

ii) If knowledge is acquired of any other premises than the
aforesaid premises, where the Counterfeit Products could be stored or
services can be provided from, the learned Local Commissioners are
free to record the same and then visit the other premises and conduct a
seizure there as well;

iii) The learned Local Commissioners shall also inspect and seize
any product materials including pamphlets, brochures, stickers,
packaging materials, dyes or blocks used for preparing the
manufacturing materials, display boards, sign boards, advertising
material, dies or blocks, unfinished, packed, unpacked Counterfeit
Products or any other documents, wrapper etc. so that it can be

CS(COMM) 665/2026 Page 14 of 17

This is a digitally signed order.

iv) The learned Local Commissioners shall also obtain the details
as to since when Counterfeit Products are being used by the
Defendants and obtain copies of the accounts if the same is found to
be sold in market;

v) The learned Local Commissioners shall obtain accounts
including ledgers, stock registers, invoice books, receipt books, cash
books, purchase and sale records and any other books of record or
commercial transactions kept at the premises of the Defendants, and
take photocopy and / or record of all such transactions that pertain to
Counterfeit Products, if any. The Defendants shall cooperate and give
passwords to the computers and the files containing the accounts, if
the same is stored on the computer or a specific software;

vi) After preparation of the inventory, the Counterfeit Products
including packaging materials, advertising, promotional materials,
pamphlets, brochures, boxes, videos, hoardings, banners, signage,
cartons and other material bearing the Subject Marks and packaging,
which are similar to the Subject Marks shall be handed over to the
Plaintiffs / Plaintiffs’ representatives. The monetary value of the stock
shall also be ascertained;

vii) The learned Local Commissioners are also permitted to break
open the locks, with police help, if access to the premises where the
Counterfeit Products have been stocked / manufactured, is denied to
the Commissioners;

CS(COMM) 665/2026 Page 15 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26

viii) Upon being requested, the concerned Station House Officer
(SHO) shall render necessary cooperation for execution of the
Commissions, as per this order;

ix) The learned Local Commissioners are permitted to take
photographs and record videos of the proceedings of the
Commissions, if it is deemed appropriate. Two representatives of the
Plaintiffs, which would include a lawyer, are permitted to accompany
the learned Local Commissioners;

x) The learned Local Commissioners, while executing the
Commissions, shall ensure that there is no disruption to the business
of the Defendants, except for the purposes of the execution of the
Commissions. The Commissions shall be executed in a peaceful
manner.

40. Either the learned Counsel for the Plaintiffs or the learned Local
Commissioners are directed to collect the certified copy of this Order from
the Registry (Dispatch Branch) before the execution of the Commissions.

41. The learned Local Commissioners shall carry the certified copy of this
Order for execution of the Commissions and a copy of the same shall be
served upon the Defendants by the learned Local Commissioners at the time
of the execution of the Commissions.

42. The fees of the learned Local Commissioners is fixed at ₹2,00,000/-
(Rupees Two Lakhs only) each, excluding out of pocket expenses, travel,
lodging etc. All the aforesaid expenses shall be borne by the Plaintiffs and
paid in advance to the learned Local Commissioners named hereinabove.

43. In reference to Paragraph No. 38 the fees of the continuous
Commissions of the Local Commissioners within Delhi NCR is fixed at
CS(COMM) 665/2026 Page 16 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26
₹100,000/- (Rupees One Lakh Only) per visit excluding out of pocket
expenses, travel, etc. and for any State outside of Delhi NCR is fixed at
₹2,00,000/- (Rupees Two Lakhs Only) per visit excluding out of pocket
expenses, travel, lodging etc. All the aforesaid expenses shall be born by the
Plaintiffs and paid in advance to the Local Commissioners named
hereinabove for each visit to the disclosed premises as may be directed in
accordance with the location of the initial premises of the Defendants.

44. The Commissions shall be executed within two weeks, and the report
of the earned Local Commissioners shall be filed within a period of two
weeks thereafter.

45. Compliance of Order XXXIX Rule 3 of CPC shall be done within two
weeks after the execution of the Commissions.

46. It is directed that this Order shall be uploaded on the Court’s website
after the execution of the Commissions is completed, to enable effective
execution thereof.

47. The Application stands disposed of.

48. Copy of the Order be given dasti under the signature of the Court
Master.

TEJAS KARIA, J
(VACATION JUDGE)
JUNE 19, 2026/ ‘hk’

CS(COMM) 665/2026 Page 17 of 17

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/07/2026 at 21:08:26

Source link

Welcome to Airr News

Welcome to Airr News

Forever

Recommended

1-Year

1-Month

Welcome to Airr News

Forever

Recommended

1-Year

1-Month

Welcome to Airr News

Nike Innovate C.V. & Anr vs Ashok Kumar & Ors on 19 June, 2026

Delhi High Court – Orders