In a significant ruling on trademark law, the Delhi High Court has held that even momentary confusion in the mind of a consumer is sufficient to establish trademark infringement under Indian law. The decision came in the case of Under Armour Inc. v. Anish Agarwal & Anr., where American sportswear company Under Armour, Inc. successfully restrained an Indian clothing brand from using the mark “AERO ARMOUR.”
The ruling, delivered by a division bench on May 23, 2025, pertains to trademark Class 25, which includes clothing, footwear, and headgear. The Court emphasized that the duration of consumer confusion is immaterial; even short-lived or initial confusion can fulfill the criteria for deceptive similarity under Section 29 of the Trade Marks Act 1999.
The confusion, albeit limited to the initial
stage, is sufficient to satisfy the condition of deceptive similarity as
contemplated under Section 29 of the Trade Marks Act," the bench observed.
