Footwear — India Design Cases
5 decisions indexed
Page 1 of 1 · 5 total
Crocs Inc Usa v.M/S Bata India Ltd And Ors.
The plaintiff, Crocs Inc Usa, filed a suit seeking permanent injunction against M/S Bata India Ltd for infringing its registered design. The suit was previously disposed of after the design registration (No. 197685) was cancelled by the Controller of Patents & Designs due to lack of novelty. The current application seeks costs against the plaintiff.
Asian Rubber Industries v.Jasco Rubbers, Manpasand Footwear (Original Plaintiff)
Asian Rubber Industries challenged an interim injunction granted against them for passing off, while Jasco Rubbers sought to overturn a refusal to grant an injunction based on design infringement. The court found that the defendants' footwear was identical/deceptive to the plaintiff's registered designs and allowed the appeal challenging the ad-interim injunction.
A.C. Footwear Co. v.Deiem (India) Pvt. Ltd.
A.C. Footwear Co. filed a petition seeking cancellation of Design No. 166627, arguing that it was not new or original and had been previously registered. The petitioner alleged that an identical design belonging to M/s Phoenix Overseas Limited (Registration No. 164739) existed prior to the registration in question.
Khadim Shoe Pvt. Ltd. v.Bata India Ltd.
Khadim Shoe Pvt. Ltd. filed an application seeking cancellation of Bata India Ltd.'s registered design (No. 177386) on the ground that it was published prior to registration. Khadim presented evidence, including print advertisements and television footage shown in slow motion, arguing that the public had been made aware of the design before its official registration.
Prayag Chand Agarwal v.M/S Mayur Plastics Industries
The plaintiff sought an interim injunction against the defendant for alleged infringement of their registered shoe design (No. 168908). The defendant argued that the design was not original, had been prior published by a sister concern, and that they were manufacturing similar goods earlier. The court found that the plaintiff failed to establish a prima facie case due to evidence of prior publication.
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