Delhi High Court: Even Brief Consumer Confusion Constitutes Trademark Infringement

The Delhi High Court has ruled that even momentary consumer confusion is sufficient to establish trademark infringement under Indian law.

In a case between US brand Under Armour and an Indian company using the mark “AERO ARMOUR,” the Court held that the marks, though not identical, were deceptively similar.

The division bench emphasized that the "Initial Interest Confusion" doctrine applies, where initial consumer confusion, even if corrected before purchase, can misappropriate brand goodwill.

The Court overturned a single judge's earlier order and granted interim relief to Under Armour, restraining the Indian firm from using the "AERO ARMOUR" mark.