The Supreme Court has refused to block Crocs Inc. USA from pursuing its passing-off cases against several Indian footwear makers, including Bata India and Liberty Shoes. With this, a July 2025 order of the Delhi High Court that revived Crocs’ suits has been confirmed, and the cases will now return to a single-judge bench for a full trial.
A bench of Justice Sanjay Kumar and Justice Alok Aradhe said there was no reason to interfere with the High Court’s decision because it only restored the suits for hearing. The Court also made it clear that the trial judge should decide the matter independently, without being influenced by any earlier observations. It kept the larger legal question open for future consideration.
The dispute centres on Crocs’ claim that Indian companies copied the well-known shape, design, and perforated look of its foam clogs. Crocs argues these features form part of its trade dress and are protected as a shape trademark. The Indian manufacturers say Crocs is trying to get around the limited protection offered by the Designs Act and wants a perpetual monopoly over the same design features.
Crocs had filed six suits in Delhi, but a single judge dismissed them in 2019, saying the company could not use passing off to extend rights over features already protected under the Designs Act. In 2025, a Division Bench reversed that decision and said Crocs could still pursue passing off if it could prove its claim was based on goodwill and not simply on the registered design.
Bata and Liberty challenged this revival before the Supreme Court. They argued that allowing the suits to continue gives Crocs an unfair “dual monopoly” and ignores past rulings, including the Carlsberg and Mohan Lal cases. Crocs countered that design rights and passing-off rights are different, and that it should be allowed to prove the distinctiveness it has built since 2004.
With the Supreme Court’s order of 14 November 2025, the matter now goes back to the trial court for a fresh hearing.
