The Bombay High Court granted relief to Skechers in a trademark dispute. In response to the court’s ruling, Skechers, with assistance from police and court-appointed receivers, conducted raids on October 26, leading to the seizure of counterfeit products at multiple locations. This action underscores the court’s commitment to protecting intellectual property rights. Skechers aims to uphold its brand integrity through these enforcement measures.
The Bombay High Court provided ex-parte interim relief to Skechers South Asia Private Limited, a global footwear brand, in a case involving alleged trademark infringement by counterfeiters.
The Court prohibited the infringers from using the Skechers trademark or any similar marks in relation to their products while the lawsuit is pending.
Justice RI Chagla, presiding over the case, determined that Skechers had presented a compelling prima facie case, noting that the actions of the infringers represented an improper use of Skechers’ trademarks and artistic works.
Read Also: PhonePe vs. DigiPe | Supreme Court Rejects PhonePe’s Trademark Infringement Claim
The Court highlighted the urgent nature of the situation and ordered immediate measures to prevent further harm to the plaintiffs’ brand.
As a result, the Court appointed receivers to carry out search and seizure operations targeting counterfeit products at the infringers’ locations and to compile an inventory of the items seized.
Following the Court’s directive, Skechers’ team, along with police support and the appointed court receivers/local commissioners, executed raids on October 26 across more than 15 sites in three states, Nashik (Maharashtra), Indore (Madhya Pradesh), and Delhi.
These operations led to the confiscation of around 2,500 counterfeit items featuring various Skechers trademarks.
Skechers South Asia Pvt. Ltd., a prominent footwear and apparel brand founded in 1992, holds multiple trademarks, including the well-recognized name “SKECHERS.”
In its interim application, Skechers argued that the “infringers were violating their trademark and copyright by counterfeiting their products.” They asserted that these trademarks are intrinsically linked to their offerings, which include footwear, apparel, and accessories for individuals of all ages.
In October 2024, an investigator engaged by Skechers uncovered counterfeit items featuring the company’s trademarks at the infringers’ retail locations in Nashik and Indore. These products were low-quality replicas that closely mimicked authentic Skechers merchandise.
The plaintiffs submitted photographic documentation and thorough descriptions of the counterfeit items, emphasizing their resemblance to genuine Skechers products.
The investigation revealed that the infringers were operating in a coordinated manner, with no legitimate trademark applications found in the trademarks registry. The Court determined that the plaintiffs had presented a strong prima facie case for both trademark infringement and copyright violation.
The Court stated,
“I believe that the defendants’ adoption of the plaintiffs’ trademarks and artistic works in relation to the infringing goods is dishonest,”
Which led to the granting of the ad-interim injunction,
“If the reliefs sought are not granted, the plaintiffs will suffer or are likely to suffer irreparable harm, loss, and injury,”
The Court also appointed receivers to facilitate the search and seizure operation, granting them the authority to break open any locks at the defendants’ premises at any time to implement the Court’s orders.
Read Also: MakeMYTrip Vs. Booking.com: Supreme Court Dismisses Trademark Infringement Plea
The execution of the order involved detailed procedures, including the appointment of Additional Special Receivers in Nashik and Indore. These receivers instructed to communicate their findings via email and to work alongside local police to ensure effective implementation.
Similar directives were also obtained from the Delhi High Court.
Advocate Hiren Kamod, along with Smriti Yadav and Shubham Shende from Khaitan & Co., represented Skechers in this matter.