RELAXO FOOTWEARS LIMITED Vs. AQUALITE INDUSTRIES PVT LTD.
LAWS(DLH)-2021-10-69
HIGH COURT OF DELHI
Decided on October 08,2021

Relaxo Footwears Limited Appellant
VERSUS
Aqualite Industries Pvt Ltd. Respondents


Referred Judgements :-

CARTWRIGHT VS. COVENTRY RADIATOR COMPANY [REFERRED TO]
COY LD. V. CANNON RUBBER MANUFACTURERS LD [REFERRED TO]
KELLOGG COMPANY VS. PRAVIN KUMAR BHADABHAI [REFERRED TO]
CROCS INC USA VS. BATA INDIA LTD & ORSORS [REFERRED TO]


JUDGEMENT

JAYANT NATH,J. - (1.)IA No. 5717/2021 (u/O 39 R 1 and 2 CPC) The present application is filed by the plaintiff seeking an ex parte injunction to restrain the defendant, its directors, etc. from manufacturing, selling, advertising, etc. the impugned footwear products which are said to be an imitation of the plaintiffs products/design/trade dress/get up. Other connected reliefs are also sought.
(2.)It is the case of the plaintiff that the plaintiff began as a small enterprise in the year 1976. It was incorporated in 1984. It is stated that beginning from manufacturing Hawaii slippers, the plaintiff through sheer commitment has grown into a large-scale enterprise. It is further stated that from a modest sales figure of Rs.10.00 lakhs in 1977, the turnover of the plaintiff grew up to Rs.2,400.00 crores last year. It is stated that the plaintiff manufactures over 6 lakh pairs of footwear per day and 18 crores pairs per year and has emerged as the largest footwear producer in India. The plaintiffs products are marketed under various distinctive trademarks/labels and with a unique get up and trade dress including the house mark RELAXO and various product specific brands like BAHAMAS, FLITE, SPARX, SCHOOLMATE, etc. .
(3.)It is urged that the present suit pertains to intellectual property rights of the plaintiff in the design and/or overall trade dress/getup of certain footwear products. The defendant is said to have unlawfully imitated and pirated the said design/trade dress of the plaintiff in the said products.


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