A packed courtroom at the Delhi High Court saw a long-running trademark fight between Bata India Ltd and Leayan Global Pvt Ltd reach an important interim stage. The Division Bench, while hearing cross-appeals, closely examined how far a well-known brand can protect a single word mark in the competitive footwear market. The dispute revolves around Bata’s registered trademark “POWER” and Leayan’s use of “POWER FLEX” for its shoes.
Background
Bata approached the court alleging that Leayan’s mark “POWER FLEX” infringed its long-standing “POWER” trademark, which Bata has used for decades on footwear. In 2019, a Single Judge had restrained Leayan from using “POWER” as part of any trademark for footwear but allowed limited use of the tagline “THE POWER OF REAL LEATHER” and permitted sale of existing stock under strict conditions.
Both sides were dissatisfied. Leayan argued the restraint was excessive, claiming honest use since 2010. Bata, on the other hand, challenged the liberty given to sell stock and the permission to use the word “POWER” in advertising slogans.
Court’s Observations
The Division Bench went into the history of the “POWER” mark in some detail. The judges noted that Bata had registrations dating back to the 1970s and evidence of widespread use, including advertisements linked with Indian cricket. “The mark ‘POWER’ has, over time, come to be associated in the public mind with Bata’s footwear,” the bench observed.
On Leayan’s defence that “POWER” is a common dictionary word, the court was not convinced. It held that while the word exists in common language, its use for footwear is not directly descriptive. “At best, it is suggestive, and therefore capable of protection,” the judges remarked.
The court also rejected the argument that leather shoes and sports footwear were entirely different markets. It pointed out that such goods are allied and consumers could reasonably assume a connection between the two. However, the bench did acknowledge that Leayan had some prior use and that Bata’s knowledge of such use was not entirely implausible.
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Decision
In the end, the court upheld the core restraint against Leayan. It confirmed that Leayan cannot use “POWER” as part of its trademark, including “POWER FLEX,” for footwear and related products. At the same time, the bench did not interfere with the limited permission granted earlier—allowing use of the word “POWER” in the tagline “THE POWER OF REAL LEATHER” without undue prominence, and permitting sale of pre-existing stock subject to disclosure and accounting. The appeals were thus disposed of, maintaining the balance struck by the Single Judge until the main suit is finally decided.
Case Title: Leayan Global Pvt. Ltd. v. Bata India Ltd. & Connected Matter
Case No.: FAO(OS)(COMM) 105/2019 and FAO(OS)(COMM) 193/2019
Case Type: Commercial Intellectual Property Appeal (Trademark Infringement)
Decision Date: 15 December 2025
