S.RAVINDRA BHAT, A.K.CHAWLA
Crocs Inc Usa – Appellant
Versus
Bata India Ltd – Respondent
S. RAVINDRA BHAT, J.
1. The present set of appeals impugn the common order of a learned single judge, who dismissed the plaintiff (Crocs Inc’s) applications, filed in pending suits against the various defendants. The suits - as well as interim injunction applications alleged infringement of designs of which Crocs is the proprietor and owner.
2. Crocs Inc alleged in its suits that two of its registered designs (Registered Design No.197685, and Registered Design No.197686) were infringed by the defendant (herein respondents), i.e. M/s Bata India Ltd, M/s Liberty Shoes Ltd; M/s Relaxo Footwear; M/s Action Shoes Pvt. Ltd; M/s Bio-world Merchandising India Ltd.; Kidz Palace and M/s Aqualite India Ltd. The suits alleged that features of Crocs Inc’s design attached to its goods (i.e. footwear) had novel, new, original and unique shape, configuration, pattern, ornamentation and composition of lines (design). It was claimed that by virtue of registration obtained by it, Crocs Inc, inter alia, acquired exclusive rights to use, apply, publish, expose and exploit (collectively referred as "use") the designs in relation to its goods and business (covered by it) and to prevent any rival
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