Delhi High Court Revives Crocs' Lawsuit Against Indian Footwear Brands Over Design Copying

(MENAFN- KNN India) New Delhi, Jul 2 (KNN) The Delhi High Court has breathed new life into Crocs Inc.'s legal battle against several Indian footwear companies for allegedly copying its signature foam clog design.

The court overturned a 2019 ruling that had dismissed Crocs' cases and ordered the lawsuits to be reconsidered on their merits.

Crocs, the US-based footwear giant, had filed multiple suits against companies like Bata India, Relaxo, Liberty Shoes, Action, Aqualite, and Bioworld Merchandising.

The brand claimed these firms were imitating the distinctive shape and perforated look of its clogs, thereby misleading consumers and harming its brand reputation.

A division bench comprising Justices C. Hari Shankar and Ajay Digpaul ruled that the earlier dismissal by a single judge was legally flawed. They directed that the matter be sent back to a single-judge bench for a full hearing.

Back in February 2019, the single judge had dismissed all six passing-off suits, arguing that Crocs was seeking continued trademark protection for a design that had only temporary protection under the Designs Act, 2000.

The court had also questioned the novelty of Crocs' design, calling it a basic trade variant of a sandal and not worthy of exclusive rights.

However, the division bench took a different view, stating that Crocs' passing-off claims deserved a detailed review. The US firm maintains that its clog design qualifies for shape trademark protection, and that the alleged copying is misleading customers.

In trademark law,“passing off” refers to the practice of one company imitating another's branding or product look to gain unfair advantage, especially when the original product does not hold a registered trademark.

(KNN Bureau)

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