 "Delhi man's devotion to elder sister created ADIDAS? HC gives this verdict")
A wholesale seller of sportswear in Delhi’s posh Connaught Place market, Keshav H Tulsiani, shared his ‘heart-warming’ backstory of how he came up with the brand name ‘ADIDAS’ (not to be confused with sports brand Adidas) in the Delhi High Court.
Facing a lawsuit by the German athletic apparel company Adidas, Tulsiani told the court that he has deep admiration for his sister, whom he calls ‘Adi’ (which means sister in Sindhi). He said, because of his admiration for his sister, people started calling him ‘Das’ (follower/devotee). Thus, the portmanteau ‘ADIDAS’.
Tulsiani added that the adoption of the brand name ‘ADIDAS’ was “bona fide and honest”, and that the rationale “is rooted in personal affection.” He also argued that he has been using the brand name since 1987. However, Adidas only filed a suit for infringement in 2011. “This prolonged inaction, spanning over two decades, granted the defendant tacit consent,” he argued before the Delhi High Court.
On the other hand, global brand Adidas stated that the products sold by Tulsiani are of inferior quality. It added that by selling products under the ADIDAS brand name, Tulsiani was not just deceiving the public but also diluting the goodwill and reputation of the company.
After the counsels of both Adidas and ADIDAS completed their arguments, the Delhi High Court observed that it was “not convinced” by Tulsiani’s backstory. The court said Tulsiani’s explanation for using the brand name ‘ADIDAS’ only undermined his case. The court also noted that Tulsiani was not just leveraging the goodwill of the brand name ‘Adidas’ for his profit, but the fake products he sold also bore the famous three-stripes mark.
The court issued an order preventing three firms — Adidas Weaving Mills, Adidas Textile Industries, and Adidas Merchandise — and their directors from manufacturing, trading, selling, or dealing in textile goods under the ‘ADIDAS’ mark or any other marks similar to the trademark of Adidas AG.
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The German company filed a trademark infringement case after discovering that Tulsiani was operating a wholesale business in Connaught Place, New Delhi, by stocking and distributing goods with ADIDAS trademarks, which were strikingly similar to those of Adidas AG. Settling the suit, the Delhi High Court awarded Rs 14.22 lakh in damages in favour of Adidas. This amount includes nominal damages worth Rs 3 lakh and costs borne by Adidas in continuing the trademark infringement litigation over the past 13 years, amounting to Rs 11.22 lakh, according to an Indian Express report.