Decathlon Sports India, a global pioneer in the manufacture of sporting goods, has filed a trademark infringement suit against NCR-based Pentathlon in the Ghaziabad District Court. Decathlon argues that Pentathlon has unlawfully and fraudulently copied its registered trademark and tagline, and is misrepresenting Decathlon’s substandard products as its own. It was also said that Pentathlon’s logo uses the exact same font and colour scheme as Decathlon’s, and that Pentathlon has copied Decathlon’s tagline “Sport for All – All for Sport” while making its own tagline “Sports for All – Everyone for Sports.” Decathlon’s allegations have been refuted by Pentathlon, which claims that it offers products from other brands such as Nike, Yonex, Wilson, Cosco, and Nivea alongside its own branded cricket accessories, while Decathlon primarily sells goods under its own brands, and thus customers are unlikely to be confused between the two firms.
- The colour scheme and font style used by Pentathlon is similar to that of Decathlon.
- Pentathlon’s trademark includes an italicised “A” in the logo, similar to Decathlon’s.
- Pentathlon has adopted the tagline “Sports for Everyone- Everyone for Sports” which is the same as Decathlon’s tagline “Sports For All- All For Sports”.
- The concept of Pentathlon is the same as that of the Decathlon.
- Pentathlon Sports, which already has three retail stores, in the NCR region, has caused Plaintiffs “irreparable loss”.
Deceptive Resemblance may be used to argue the case. For deceptive resemblance two important questions are:
- Who are the people who may be deceived or confused by the similarity, and
- What reference rules can be used to determine whether such a similarity exists?
In terms of uncertainty, it may be an apt definition of the state of mind of a consumer who, upon seeing a mark, believes it differs from the mark on products he has previously purchased, but is unsure if this belief is due to imperfect recollection.
The matter is pending before the Ghaziabad District Court.