In a significant ruling to protect intellectual property rights, the Bombay High Court recently granted ex-parte ad interim relief to Skechers South Asia Pvt. Ltd., a global footwear and lifestyle brand, in a dispute involving allegations of trademark infringement and copyright violations. The plaintiffs sought urgent judicial intervention to prevent unauthorised use of their well-known trademarks and artistic works by the defendants.

The order, issued by Justice R.I. Chagla on October 24, 2024, emphasised the urgency of the case, as Skechers presented evidence showing that counterfeit products bearing their trademarks were discovered at retail outlets across Nashik and Indore. Represented by Mr. Hiren Kamod, Ms. Smriti Yadav, and Mr. Shubham Shende of Khaitan & Co., Skechers argued that the defendants' use of counterfeit marks and designs was likely to confuse consumers and harm the brand's reputation.

Justice Chagla, upon examining the case, noted that the plaintiffs had established a strong prima facie case of trademark infringement and copyright violation. Skechers, as the registered proprietor of the “SKECHERS” mark and associated logos, argued that the counterfeit goods in question were poor-quality replicas designed to resemble Skechers’ products closely. The Court observed that the defendants had "bodily lifted" Skechers' trademarks and designs, describing the counterfeit items as “clear imitations” of the genuine products. Justice Chagla concluded that the defendants' use of Skechers’ trademarks was "dishonest," and that granting notice to the defendants could lead to the destruction or dispersal of the counterfeit items, thereby defeating the purpose of the suit.

As part of the relief, the Court issued an order restraining the defendants from using Skechers’ trademarks or any marks similar to them. The Court Receiver, High Court, Bombay, was appointed with the authority to carry out search and seizure operations at the defendants' premises, with the power to seek police assistance and, if necessary, forcibly access premises to implement the Court’s directives. Additionally, Special Receivers were appointed for specific locations to oversee the seizure of counterfeit goods and make a detailed inventory. The order clarified that it did not apply to genuine Skechers products obtained from authorised sources, with only unauthorised goods subject to seizure.

The Court further stipulated that representatives of Skechers accompany the appointed Receivers to help identify the infringing goods, ensuring accuracy in the search and seizure process. The defendants were also provided with an opportunity to apply for modification or recall of the order, subject to a minimum of seven working days' notice to Skechers.

This interim order will remain effective until December 11, 2024, with a scheduled hearing on December 10, 2024, for further review.

Case Details- Skechers South Asia Pvt. Ltd. & Ors. v Wardrode & Ors.

Advocates for the Petitioner-Advocate Hiren Kamod along with Smriti Yadav and Shubham Shende from Khaitan & Co