In a landmark ruling, the Delhi High Court has revived Crocs Inc’s lawsuits—first filed in 2016—allowing the U.S. footwear maker to pursue design infringement and passing-off claims against six Indian companies, including Bata India, Relaxo, and Liberty. This marks a major legal win for Crocs, affirming its right to protect its unique clog design.
🔍 What the Court Decided
- Case revival: A two-judge bench overturned the 2019 dismissal, ruling that design registration doesn’t bar Crocs from filing common-law “passing off” claims alongside statutory action under the Designs Act. The court remanded the case for full hearings.
- Pass-off valid: The bench clarified that passing-off can coexist with design infringement, especially when a competitor’s product mimics Crocs’ overall “shape, perforation pattern, and get-up,” thereby confusing consumers. moneycontrol
- Distinct legal paths: The verdict affirmed that Crocs can enforce trademark-like protection for its “shape trademark” while separately pursuing registered design enforcement.
⚖️ Background of the Conflict
- Original suits: Crocs filed in 2016 against Bata, Relaxo, Liberty, Action, Aqualite, and Bioworld, claiming imitators had created look-alike foam clogs.
- Earlier dismissal: A single judge dismissed the suits in 2019, citing precedent that registering a design prevents duplicative passing-off actions—essentially disallowing “dual protection.”
🏛️ What This Victory Means
- Stronger IP rights: Crocs can now press full legal action across both statutory and common-law avenues, seeking injunctions and damages based on “passing off.”
- Set legal precedent: The judgment clarifies common-law rights around product designs, affirming that registration under the Designs Act does not exclude other forms of IP protection
- Ripple across industry: Non-luxury, mass-market brands in India (worth over $33 billion in 2025) need to reassess shape-focused copycats or risk enhanced legal scrutiny.
✅ Final Takeaway
Crocs win legal design case against Indian footwear brands is a crucial moment for IP enforcement in India. By reopening both design infringement and passing-off claims, Crocs now has a more powerful and comprehensive legal path to defend its iconic clog shape—and the decision may inspire other foreign and domestic firms to protect similar design rights.
