Crocs Inc. USA has received a fresh opportunity to pursue its legal claims against several Indian footwear companies accused of copying its distinctive foam clog design. The Delhi High Court has overturned a 2019 ruling that had dismissed Crocs’ suits, allowing the American brand to take its case to trial.
The dispute centres around Crocs’ foam clogs, known for their unique shape, configuration, and perforated design. The company alleges that Indian brands, including Bata, Liberty, Relaxo, Action, Aqualite, and Bioworld, have been selling lookalike products, misleading consumers and diluting the brand’s identity.
Crocs initially filed multiple suits in India, seeking to stop these companies from “passing off” their products as Crocs by mimicking the visual design. While Crocs also pursued separate legal action for infringement of its registered designs, the focus of these particular suits is on the brand’s trade dress and the overall look of the product, elements Crocs claims deserve protection under trademark law.
In 2019, a lower court had dismissed these suits at a preliminary stage, arguing that Crocs could not claim trademark-style protection for a design already registered under India’s Designs Act. The court held that such dual protection would go against the intent of the law, which limits exclusive design rights to a fixed term.
That reasoning has now been set aside. The Division Bench held that the right to protect brand identity through passing off, an established common law principle, can operate independently of statutory design rights. The court clarified that passing off claims do not require a product to go “beyond” its registered design in order to be valid. With this decision, the Delhi High Court has reinstated Crocs’ suits, which will now proceed to a full trial.