Delhi Commercial Court Awards ₹1 Lakh Damages To Cosco After Finding Kolkata Firm Guilty Of Selling Counterfeit Footballs
Pranav B Prem
A Commercial Court in Delhi has held B.K. Traders, a Kolkata-based sports goods seller, liable for dealing in counterfeit COSCO-branded footballs and has directed the firm to pay ₹1 lakh as damages to Cosco India Ltd. The judgment was delivered on November 29, 2025, by District Judge Deepak Garg, Commercial Court-09, Tis Hazari Courts, in a trademark infringement and passing-off suit filed by Cosco.
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Cosco, a well-known sports equipment manufacturer, informed the Court that it has been a leading producer of sports goods for several decades and is the registered proprietor of the “COSCO” word and device marks under the Trade Marks Act, 1999. The company also holds registrations in Bangladesh and Sri Lanka, and the COSCO label—including the artistic representation of the word with two balls forming the letters ‘O’—is protected as an original artistic work under Section 2(c) of the Copyright Act, 1957.
According to the plaint, Cosco began receiving complaints in late 2018 regarding substandard footballs and volleyballs being sold under the COSCO name. A market inquiry allegedly revealed that B.K. Traders was manufacturing and distributing counterfeit COSCO balls across India, using fake holograms, MRP stickers and packaging. Based on this information, Cosco lodged an FIR in December 2018 with the Muchipara Police Station, Kolkata. A subsequent raid resulted in the seizure of several counterfeit sports balls, including 205 footballs bearing the COSCO mark, which were taken into custody as criminal case property.
During the suit, the defendant filed a written statement claiming to be a small-scale trader and denied infringing Cosco’s trademarks or passing off counterfeit goods as genuine COSCO products. The Court noted, however, that a permanent injunction restraining the defendant from manufacturing or dealing in goods identical or deceptively similar to COSCO products had already been granted on November 21, 2023.
After examining the evidence, the Court recorded that 205 counterfeit COSCO footballs had indeed been recovered during the raid. Cosco sought rendition of accounts and delivery-up of infringing goods, but the Court held that the seized items formed part of the criminal proceedings and could not be handed over at this stage. The Court also found that Cosco had not produced material that would justify granting rendition of accounts, as neither party had placed ledgers or sales records on record.
On the issue of damages, the Court observed that, although precise financial loss could not be calculated due to lack of detailed evidence, damages were nevertheless warranted considering the volume of counterfeit goods seized and the defendant’s continued business activity. The Court held that awarding ₹1,00,000 as damages would meet the ends of justice. The decree stipulates that the amount must be paid within one month of the judgment, failing which it shall carry 8% annual interest until realization. Costs of the suit were also awarded to Cosco.
The Commercial Court decreed the suit in Cosco’s favour, affirming trademark infringement and passing off, granting injunctive relief and awarding damages of ₹1 lakh with costs. Claims for rendition of accounts and delivery-up were declined at this stage due to evidentiary and procedural limitations.
Cause Title: Cosco India Ltd. v. M/S B.K. Traders
Case No: CS (COMM) No.1612/2019
Coram: District Judge Deepak Garg
