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Resurfacing a November move: Supreme Court declined Bata, Liberty pleas, keeping Crocs' passing-off suits alive before the Delhi trial court

The Supreme Court on Friday declined to hear pleas by Bata India, Liberty Shoes and others against the Delhi High Court's July 1 ruling reviving Crocs' passing off suits. The trial court must now decide the suits independently. The broader legal question remains open.

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The numbers

Figures from Business Standard,

Designs Act monopoly limit under Section 11: 15-year
Crocs suits pending: more than a decade
Crocs trade dress recognisable since: 2004

Why it matters for the brand

If you sell clog-style footwear that resembles Crocs' designs, as Bata and Liberty do, the Supreme Court's refusal to intervene keeps the passing-off suits alive, so audit your lookalike SKUs and trade dress now and line up design alternatives before the Delhi trial court rules.

What to track next

  • Any interim injunction order or undertaking recorded by the Delhi trial court
  • Listing dates and issues framed by the trial court in the revived suits
  • Settlement or withdrawal notices filed by individual defendants
  • Fresh suits filed by Crocs against other clog-style sellers
  • Any further challenge by Bata or Liberty that raises the design-protection question

Likely next moves

Our read of what comes next — analysis, not reported by the source.

  • Crocs is likely to press the Delhi trial court for interim relief and a timetable, using the revived suits to defend its clog shapes in India.
  • Bata India and Liberty Shoes are likely to contest the suits on the merits, arguing that the clog shape is not distinctive enough to found a passing-off claim.
  • Expect the defendants to lean on the fact that the wider design-protection question remains open, and to frame their defence around it.
  • Smaller defendants may look to settle or change their designs rather than bear the cost of a long trial.
  • Other Indian footwear makers selling clog-style products may review their designs and labelling while the Delhi trial court takes up the suits.

The source

Source Read the source at Business Standard

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