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Court-Case Bulletins
March 1, 2018

Crocs Registered Footwear Design Refused Protection

In its order dated February 8, 2018 in the matter of Crocs Inc. USA v Liberty Shoes Ltd. and Ors., the Delhi High Court rejected Crocs’ interim injunction applications against the Defendants’ manufacture and sale of footwear that allegedly infringed Crocs’ footwear designs.

Crocs had filed infringement suits relying on their registered designs for their footwear. The Defendants contested, asserting invalidity of Crocs’ design registration on account of prior publication as well as lack of originality.

The Court took the prima facie view that the design had already been disclosed on third party websites, as well as Crocs’ own website, which rendered Crocs’ subsequent design registration liable to be cancelled. The Court further took the prima facie view that Crocs’ registered footwear design was a trade variation that was neither new nor original enough for it to be capable of protection under the Designs Act. In light of the above findings, the Court dismissed the interim injunction applications filed by the Plaintiff.

 

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