Delhi High Court Revives Crocs’ Passing-Off Suits Against Indian Footwear Brands Bata, Liberty Etc

The Delhi High Court set aside a 2019 single-judge order that had dismissed Crocs Inc. USA’s passing-off claims against Bata, Liberty, Relaxo, Action Shoes, Aqualite, and Bioworld for allegedly copying its clog design.

Crocs claimed the defendants imitated its unique foam shape and perforated design, misleading consumers.

The Division Bench rejected the earlier view that such claims amounted to a “dual monopoly” under design and trademark law.

Citing Mohan Lal v. Sona Paint and Carlsberg Breweries v. Som Distilleries, the Court allowed the suits to proceed to trial before a single judge.