Supreme Court Allows Crocs’ Passing Off Suit Against Bata, Liberty to Proceed

The Supreme Court has dismissed appeals by Bata India and Liberty Shoes against the Delhi High Court order reviving Crocs' passing-off suits against them.

A Bench of Justices Sanjay Kumar and Alok Aradhe rejected the argument that a passing-off claim cannot proceed when the contested design is already registered under the Designs Act.

The Court directed that the trial court must examine the case on its merits, without being influenced by prior observations from the High Court or Supreme Court.

[Bata India, Liberty V Crocs India USA]