The Delhi High Court has delivered a significant order in the ongoing trademark battle involving the American footwear giant Crocs Inc. Justice Tejas Karia, sitting in the Intellectual Property Division, directed the Registrar of Trademarks to remove a rival company's mark which the court found deceptively similar to Crocs’ registered brand.
Background
Crocs Inc., known worldwide for its distinctive clogs and footwear styles, approached the High Court under Sections 47 and 57 of the Trade Marks Act, 1999. The company sought cancellation of Registration No. 3409214 in Class 25 (clothing, footwear) that had been granted to Respondent No. 2.
The petitioner highlighted that Crocs entered India through its subsidiary, Crocs India Pvt. Ltd., and has steadily expanded with exclusive stores, retail chains, and e-commerce presence. Its products, registered under multiple classes since 2005–06, enjoy wide goodwill across India.
Despite repeated opportunities, the rival company (Respondent No. 2) failed to file a written reply. The court had earlier closed their right to submit written arguments, though oral submissions were still permitted.
Court's Observations
The bench carefully compared the marks of both parties. Justice Karia remarked:
"The placement of the impugned mark is identical to that of the petitioner's mark. Additionally, the overall visual appearance is similar… both marks are phonetically close and used for identical goods under the same class."
Crocs’ counsel argued that the rival company had earlier sold products under unrelated marks but later switched to the impugned label, only to cash in on Crocs’ established reputation. The lettering style and the manner in which the label was used on shoes made it hard for consumers to distinguish between the two.
On the other side, counsel for the respondent maintained that the impugned mark was structurally and phonetically different and that proper registration procedure had been followed. However, the court was not convinced.
Decision
Justice Karia concluded that the rival company’s mark was indeed "deceptively similar" and likely to cause confusion among consumers. Under Section 11(1)(b) of the Trade Marks Act, such similarity cannot be allowed for identical goods.
"In order to maintain the purity of the Register of Trade Marks, the impugned mark deserves to be cancelled," the bench observed.
Accordingly, the High Court allowed the petition. The Registrar of Trademarks has been directed to remove Registration No. 3409214 in Class 25 from the register within four weeks. The court also instructed that the online records be updated to reflect the cancellation.
With this, Crocs secured a clear victory in protecting its brand identity in India.
Case Title: Crocs Inc. vs The Registrar of Trademarks, New Delhi & Anr.
Case No.: C.O. (COMM.IPD-TM) 82/2023 & IA No. 3113/2023
