Indian court allows Crocs to pursue infringement challenges

NEW DELHI: An Indian court has revived nine-year-old lawsuits filed by Crocs Inc which accused several Indian companies of launching footwear identical to its popular rubber clogs, allowing the U.S. firm to press ahead with its infringement challenges.

The court’s announcement late on Tuesday comes just as another international brand, Prada, is facing heat in India for showcasing sandals during a Milan fashion show which were similar to Indian ethnic footwear, sparking a nationwide furore. Prada later acknowledged they were inspired by Indian designs.

Crocs had sued six companies including Switzerland-based Bata’s India unit as well as local players Relaxo and Liberty for allegedly copying the shape of its footwear but an Indian court had said in 2019 that the case could not be taken up citing technical grounds.

Crocs however filed an appeal in which the high court on Tuesday gave it permission to pursue the case saying “the dismissal of Crocs’ suits cannot sustain in law.”

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In the original court challenge, Crocs said the rivals should be restrained from selling the footwear which it called an obvious imitation of its rubber clogs.

Liberty, one of the companies sued by Crocs, argued that Crocs was not the originator of the designs and it too had merely copied the clog shape of footwear in use by others much prior.

Launched in Colorado in 2002, Crocs’ quirky, bright and comfortable resin shoes quickly attracted a cult following. Over the years, they have become popular in India, where they are sold across several footwear stores.

India’s footwear market is set to be worth $33.86 billion this year, according to market research firm Statista, and 97% of the market is dominated by non-luxury footwear.