In this case, the Division Bench held that even momentary confusion in the mind of a consumer is sufficient to establish trademark infringement. The case arose after Under Armour, the sportswear brand, filed a suit against the Respondent for using AERO ARMOUR and AERO ARMR marks. Apart from overturning the Single Judge bench’s decision, the Division Bench observed that the duration of the confusion between rival marks is irrelevant. The key question is whether a consumer, even if only for a brief moment, is likely to assume a connection between the two marks. The Court further clarified that the fact a consumer may, upon closer examination, realize the marks are unrelated does not negate the initial confusion. If a customer of average intelligence and imperfect recollection is momentarily misled, the test of likelihood of confusion is met, and the action for infringement must be upheld. Thus, the Division Bench granted an interim injunction to the Appellant, restraining the Respondents from using the marks.
Source: Under Armour Inc. v. Anish Agarwal & Anr. [FAO(OS) (COMM) 174/2024]