Delhi High Court Directs Crocs to Pay Bata ₹24.63 Lakh in Design Infringement Dispute

Court awards actual litigation costs to Bata India after Crocs’ footwear design claim failed on grounds of lack of novelty and prior publication

Dispute Over Crocs’ Registered Footwear Design

The Delhi High Court has directed Crocs Inc. USA to pay Bata India Ltd. ₹24,63,400 towards actual litigation expenses incurred in defending a footwear design infringement suit. Justice Pratibha M. Singh ordered Crocs to make the payment within three months.

Crocs had filed the suit alleging infringement of its registered footwear Design No. 197685, seeking an injunction and damages. Although an interim injunction was initially granted and Local Commissioners were appointed to seize allegedly infringing products, the Court vacated the injunction in 2018 after finding that similar footwear designs were already in the public domain and Crocs’ design lacked novelty.

Registered Design Cancelled for Lack of Novelty

In 2019, the Deputy Controller of Patents and Designs cancelled Crocs’ registered design on grounds of lack of novelty and prior publication. The infringement suit was subsequently disposed of in 2023.

Bata later sought reimbursement of the actual expenses incurred in defending the proceedings. Allowing the application, the High Court directed Crocs to pay ₹24.63 lakh within three months.

Court Emphasis's Financial Consequences of Commercial Litigation

The ruling highlights the significance of litigation costs in commercial disputes, where unsuccessful parties may be required to reimburse the successful party’s actual and reasonable legal expenses. It also underscores the need for businesses to assess the strength of their intellectual property claims before pursuing prolonged litigation.

Key Takeaway: The decision reinforces that unsuccessful commercial litigation can carry substantial financial consequences, including an order to reimburse the opposing party’s actual litigation costs.

 Source : https://ipindia.gov.in/storage/uploads/docs-operator/573d10cd-0719-4eb9-9a5f-5b95ca39cfa3.pdf