Bombay High Court grants relief to Skechers in trademark case

The Bombay High Court recently granted ex-parte ad interim relief to global footwear brand Skechers South Asia Private Limited in a case concerning alleged trademark infringement by counterfeiters [ Skechers South Asia Pvt. Ltd. & Ors. v Wardrode & Ors.]

The Court restrained infringers from using Skechers trademark or any similar marks in connection with their products during the disposal of the suit filed by Skechers.

Single-judge Justice RI Chagla held that Skechers had established a strong prima facie case, and infringers’ actions constituted dishonest use of Skechers’ trademarks and artistic works. The Court emphasized the urgency of the situation and ordered immediate action to prevent further harm to the plaintiffs' brand.

Therefore, it appointed court receivers to conduct search and seizure of counterfeit products from the infringers premises and make an inventory of the same.

Following the Court's order, Skechers’ team, supported by police personnel and duly appointed court receivers/local commissioners, conducted raids at various premises on October 26.

These operations spanned over 15 locations across three states—Nashik (Maharashtra), Indore (Madhya Pradesh) and Delhi—resulting in the seizure of approximately 2,500 counterfeit products bearing various Skechers trademarks.

Skechers South Asia Pvt. Ltd., a leading footwear and apparel brand established in 1992, owns several trademarks including the well-known name "SKECHERS" .

In its interim application, Skechers claimed that infringers by counterfeiting the product infringed their trademark and copyright concerning their artistic works.

They contended that these marks were uniquely tied to their products, which encompass footwear, apparel and accessories for all ages.

In October 2024, an investigator hired by Skechers discovered counterfeit goods bearing the company's trademarks at the infringers’ retail outlets in Nashik and Indore. These items were low-quality imitations closely resembling genuine Skechers merchandise.

The plaintiffs provided photographic evidence and detailed descriptions of the counterfeit products and highlighted their similarities to authentic Skechers goods.

The investigation indicated that the infringers were operating in a coordinated manner with no legitimate trademark applications found in the trademarks registry.

The Court found that the plaintiffs had established a compelling prima facie case for trademark infringement and copyright violation.

“I am of the view that the adoption of the Plaintiffs’ Trade Marks and the Plaintiffs’ Artistic Works in relation to the Impugned Goods by the Defendants is dishonest,. He added, “Unless the reliefs sought for are granted, the plaintiffs will suffer or are likely to suffer irreparable harm, loss and injury,” leading to the granting of the ad-interim injunction," the Court said.

It further appointed receivers to enable the search and seizure operation and granted them the authority to break open any locks at the premises of the defendants at any time for the purpose of implementing the orders of the Court.

Detailed procedures for the execution of the order were laid out, including the appointment of Additional Special Receivers in Nashik and Indore, who were directed to submit reports via email and collaborate with local police for effective execution.

Similar orders were secured from Delhi High Court as well.

Advocate Hiren Kamod along with Smriti Yadav, Shubham Shende, Kshitij Parashar and Gautam Wadhwa from Khaitan & Co. appeared for Skechers.

[Read order]