Footwear — India Design Cases
8 decisions indexed
Page 1 of 1 · 8 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.
Relaxo Footwears Ltd v.Aqualite India Ltd
Relaxo Footwears Ltd challenged a single judge's decision that had allowed Aqualite India Ltd to challenge an interim injunction protecting Relaxo's registered footwear design. The core dispute revolved around whether Relaxo's design, bearing registration no. 294938, possessed sufficient novelty and originality to warrant protection against infringement. The Delhi High Court ultimately set aside the impugned judgment, finding that the single judge's conclusion lacked a proper foundation, particularly its reliance on mere market availability rather than established prior art.
Relaxo Footwears Limited v.Aqualite Industries Pvt Limited
Relaxo Footwears Limited filed an application seeking an ex parte injunction against Aqualite Industries Pvt Limited, alleging that the latter was unlawfully imitating and pirating its distinctive footwear designs. The plaintiff highlighted that two specific slipper designs were duly registered under the Designs Act, 2000. After considering the prima facie evidence presented by both parties, the court found that the defendant had copied the plaintiff's designs. Consequently, the court granted an interim injunction restraining the defendant from using the infringing designs.
Relaxo Footwears Limited v.Aqualite India Ltd.
Relaxo Footwears Limited filed a suit seeking permanent injunction against Aqualite India Ltd. for allegedly infringing its registered footwear design No.294938. The core dispute revolved around whether the defendant's product was an obvious or fraudulent imitation of the plaintiff's protected design. During the interim application, the court directed a market survey which revealed numerous third-party products with near identical designs available in the market.
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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