Trademark Infringement | Bombay High Court Provides Temporary Relief to Skechers Against Alleged Counterfeit Products by a Company.
The Bombay High Court provided temporary relief to Skechers, a global shoe brand, in a case of trademark violation. The Court found that the goods in question were fake and that the Defendants had copied the Plaintiffs’ trademarks and artistic works for these goods. The Court was considering a request in a Commercial IPR case where the Plaintiffs wanted an immediate order, worried that notifying the Defendants might lead them to get rid of the counterfeit items. Justice RI Chagla remarked that the Defendants’ use of the Plaintiffs’ trademarks and artistic works for their goods was dishonest.
In this case, the plaintiffs have sued the defendants for trademark and copyright infringement, claiming they used the ‘SKECHERS’ name and other trademarks without permission. Plaintiff No. 2 creates and sells shoes, clothing, and accessories, while Plaintiff No. 3 owns the trademark rights for ‘SKECHERS’ and has allowed Plaintiff No. 1 to distribute these in India. An investigator found fake products with the plaintiffs’ trademarks at the defendants’ sites, which seemed to be knock-offs not made by the plaintiffs. Therefore, the plaintiffs requested an urgent order, worried that the defendants might get rid of the fake goods if they were informed. The Court recognized that the plaintiffs have built a strong reputation and goodwill around their trademarks and artistic works. It stated that if the requested relief is not granted, the plaintiffs are likely to face serious harm and loss. The Court also pointed out that the defendants’ use of the plaintiffs’ trademarks and artistic works for the disputed goods is dishonest.
The Court stated that notifying the Defendants before issuing the current order would undermine the purpose of providing temporary relief. It made it clear that the order does not stop the Defendants from selling original or legitimate goods that have the Plaintiffs’ Trademarks and Artistic Works, as long as these goods come from authorized sources. However, the order does apply to all other items, including bags, invoices, signboards, and materials that display the Plaintiffs’ Trademarks and Artistic Works without authorization. The Court scheduled the case for further hearing.
Cause Title: Skechers South Asia Pvt. Ltd. v. Wardrode & Ors.
Appearance: Advocates Hiren Kamod, Smriti Yadav and Shubham Shende
