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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, AJAY DIGPAUL, JJ
M/S CROCS INC USA – Appellant
Versus
M/S BATA INDIA & ORS – Respondent
| Table of Content |
|---|
| 1. introduction of appeals and their context. (Para 1 , 2) |
| 2. court's disagreement with the learned judge's previous ruling. (Para 3 , 6 , 7) |
| 3. overview of the crocs lawsuits and their dismissal. (Para 4 , 5) |
| 4. arguments presented regarding maintainability. (Para 8 , 12) |
| 5. summary of the representation of the parties. (Para 10 , 11) |
| 6. discussion on the plaint and its contents. (Para 14 , 15) |
| 7. court decision to hear dart appeal on merits. (Para 17 , 30) |
| 8. principles regarding passing off and registered design's enforceability. (Para 18 , 19 , 22 , 27) |
| 9. final conclusions and orders restored. (Para 26 , 29 , 31) |
% 01.07.2025
C. HARI SHANKAR, J.
1. These appeals arise out of two orders passed by a learned Single Judge of this Court. A tabular representation of the appeals and the orders against from which they arise may be presented thus: Digitally Signed By:ARJIFTA (OS) (Comm) 22/2019 and connected matters Page 3 of 70
| Appeal No. | Name | CS (Comm) No. | Date of impugned judgment |
| FAO (OS) (Comm) 358/2019 | Dart Industries Inc & Anr. v Vijay Kumar Bansal & Ors. | 837/2016 | 17 July 2019 |
| RFA (OS) (Comm) 22/2019 | Crocs Inc USA v Bata India Ltd. & Ors. | 569/2017 | 18 February 2019 |
| RFA (OS) (Com | |||
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