The Delhi High Court allowed the plaintiffs’ application for an ex-parte ad-interim injunction restraining the defendants from infringing Crocs’ patent, registered trademarks, trade dress, and design rights.
Crocs Inc is a globally recognized brand famous for its unique clog-style footwear and decorative snap-on accessories (‘Jibbitz’). The plaintiff holds patent rights on a system for attaching decorative accessories to footwear, registered trademarks for its brand, and registered designs for its footwear’s shape and trade dress.
The suit was filed by Crocs Inc and its subsidiary seeking permanent injunction restraining infringement of the plaintiff’s patent, registered trademarks ‘Crocs’ and ‘Jibbitz’, plaintiff’s registered design, and passing off of plaintiff’s trade dress related to their iconic clog footwear style.
The defendants were alleged to be manufacturing, promoting, and selling footwear products and accessories (charms) that were identical or deceptively similar to the plaintiffs’ protected intellectual property, causing confusion in the market.
The plaintiffs also filed an application seeking exemption from pre-institution mediation under Section 12A of the Commercial Courts Act due to the urgency for interim relief.
The Bench comprising Justice Tejas Karia observed that the defendants’ charms and footwear embodied all essential patented elements and substantially copied plaintiff’s registered designs and trade dress. The court found a prima facie case of infringement, balance of convenience in favour of plaintiff, and risk of irreparable harm without injunction.
Consequently, the court granted exemption from pre-institution mediation citing the urgency of interim relief needs. It noted the plaintiff’s extensive registrations and goodwill, strong evidence of copying and passing off, and harmful impact of defendants’ conduct.
The court restrained defendants and associated parties from using plaintiff’s marks, patents, designs, and trade dress or any confusingly similar variants in their footwear and accessories sales and advertising. The injunction covered all modes including online platforms.
Case relied on:
1. Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382
Appearances:
For the Applicants: Mr. Gaurav Gogia and Mr. Mayank Saraf, Advocates.
