Delhi High Court revives Crocs' clog design claims against Bata, Liberty

The Delhi High Court revives Crocs Inc's lawsuits against Indian firms for allegedly copying its foam clog design, overturning a 2019 ruling that had dismissed the passing off claims

The Delhi High Court on Tuesday overturned a 2019 decision by a single judge bench that had dismissed several lawsuits filed by Crocs Inc, USA against Indian footwear companies for allegedly copying the unique shape and design of its products, according to a report by Bar And Bench. A bench comprising Justices Hari Shankar and Ajay Digpaul revived the US company's claims concerning the recognisable design and form of its foam clogs.

 

The court ordered that the cases now be sent to a single-judge bench for a full hearing based on their merits.

 

What is Crocs claiming? 

Crocs Inc, USA approached the Delhi High Court, alleging that a number of Indian footwear companies had passed off products by imitating the distinct look of its foam clogs. According to Crocs, firms including Bata India, Liberty Shoes, Relaxo Footwear, Action Shoes, Aqualite, and Bioworld Merchandising have copied the overall structure and perforated pattern of its clogs. Crocs claimed these elements act as a shape trademark.

   

What was the judgment in the 2019 case? 

Crocs had filed several suits asking the court to permanently stop these companies from passing off their products. Separate suits for design infringement under the Designs Act, 2000 were also filed, based on Crocs' registered designs. These cases—called the Shape Trademark Suits (STSs)—were heard together.

 

On February 18, 2019, a single judge dismissed all six passing off suits at the initial stage. The court held that the claims were not maintainable because Crocs was trying to get ongoing trademark protection under common law for a design that had already received temporary protection under the Designs Act.

 

Who can apply for design registration? 

A partnership firm, company, small business, or their legal representatives can apply for a design registration. If represented by an agent, a Power of Attorney must be submitted. The application can be prepared either by the applicant or with help from legal professionals.

 

Infringement of design 

If someone copies a registered design, the original owner can file a case to stop the use and claim damages. In such cases, the court does not have to compare the two products directly. Instead, it considers whether the copied design might confuse customers by appearing similar to the original.