crocs inc v bata india pvt Ltd (2019 SCC OnLine Del 6808)

Crocs Inc USA filed a design infringement suit against various Indian footwear manufacturers. The alleged design referred to perforated and non-perforated shoe design. The said infringed design registration was valid until 2019.

Crocs’ claim against different manufactures for the same allegation were clubbed and presented before the Delhi high court where the major defendants were Bata India, Relaxo footwear Ltd, Coqui & others.

The appellant pleaded the court to restrain the defendant from manufacturing and selling the alleged design and to allow the said design to be used a trademark under the TRADEMARKS ACT, 1999

The respondent contended that the said design was available in the website of holy sole from 2002 and 2003 claiming the registration to be invalid one. The respondents further opposed the arguments of appellant that design cannot be used as trademark under the DESIGNS ACT, 2000.

 

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