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Informist, Friday, Nov. 14, 2025

 

--SC OKs HC order to revive case by Crocs vs Bata, Liberty on identical pdts

 

NEW DELHI – The Supreme Court Friday upheld an order by the Delhi High Court in July to revive a passing-off suit filed by Crocs, Inc., USA, against Bata India Ltd., Liberty Shoes Ltd., and others for allegedly manufacturing and selling footwear identical in appearance to the American company's trade dress. The top court said it was not inclined to entertain pleas by Bata India and Liberty Shoes, as the division bench of the high court had merely restored Crocs' suit against these companies.

 

In July, the division bench of the high court had set aside a single judge's 2019 order dismissing the suit by Crocs as non-maintainable. The division bench said passing off was a "sui generis common law remedy" aimed at protecting one's hard-earned goodwill and reputation from others who might deceitfully seek to capitalise on it. In Trademark law, 'passing off' refers to the act of one party misrepresenting its goods or services as those of another, leading to consumer confusion and potential harm to the other party's reputation and business.

 

The division bench of Justice C. Hari Shankar and Justice Ajay Digpaul in the high court had said Crocs would have to be given an opportunity to establish that its claim of passing off wasn't based merely on copying or imitation of its registered design by Bata India and Liberty Shoes. "We do not think that this issue could have straightaway been decided by a mere reading of the plaint," the division bench had said.

 

While Crocs was the proprietor of the design in respect of its footwear in 2004, the company did not have any registration of the particular trade dress as a trademark under the Trade Marks Act, 1999.

 

Adoption of the trade dress by Bata India and Liberty Shoes in respect of identical goods was dishonest, mala fide and fraudulent, Crocs said. Bata India and Liberty Shoes had also blatantly copied the essential and striking features of its design, Crocs said, adding that their dishonesty was "apparent, manifest and striking". Bata India and Liberty Shoes were misguiding people that their goods were coming from Crocs, the American company said.

 

At 1207 IST, shares of Bata India Ltd. were down 1.7% at INR 1,029 on the National Stock Exchange and those of Liberty Shoes Ltd. were down 0.4% at INR 309.95.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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