Bombay High Court Issues Interim Relief To Skechers In Trademark Battle

The Bombay High Court has granted ex parte ad interim relief to the international footwear brand Skechers in a trademark infringement lawsuit. The ruling comes in response to allegations that certain defendants were distributing counterfeit products that bore the 'SKECHERS' trademark and unique designs, jeopardising the brand's reputation and goodwill.

The court noted that the defendant's conduct constituted a dishonest appropriation of the plaintiff's trademarks and artistic works. The decision followed an interim application filed by Skechers, which requested immediate relief due to concerns that prior notice to the defendants might destroy the counterfeit items.

The plaintiffs in this case include Skechers USA, Inc and its Indian distribution partner, who holds the trademark rights to 'SKECHERS'. Their legal counsel, Advocate Hiren Kamod, presented evidence from an investigation that uncovered imitation products being sold at the defendants' locations.

Justice R.I. Chagla recognised the substantial reputation and goodwill that Skechers has established over the years, emphasising that the plaintiffs would face irreparable harm if counterfeiting were to continue unchecked. The court clarified that its order would not hinder the defendants from selling legitimate products sourced from authorised distributors; rather, it would apply to all counterfeit items and materials bearing the plaintiffs' trademarks that have not received their approval.

A follow-up hearing has been scheduled to further address the issue. The case underscores the ongoing challenges in safeguarding intellectual property rights in an era marked by a rise in counterfeit goods and highlights the judiciary's critical role in preserving brand integrity.