Bombay HC grants interim relief to Skechers in trademark infringement case

New Delhi: The Bombay High Court has granted ex parte ad interim relief to Skechers South Asia in a case against alleged trademark infringers. 

The ruling, issued by Justice RI Chagla, aims to halt the sale of counterfeit Skechers products, marking a critical step in protecting the brand's intellectual property in India.

The court's decision came after Skechers discovered counterfeit goods, including footwear and accessories, being sold with trademarks and designs closely mimicking those of Skechers across various retail outlets in Nashik and Indore. The plaintiffs argued that such counterfeit activities not only harm their brand reputation but also mislead consumers, leading to potential financial losses.

Justice Chagla, while granting the relief, emphasised that the defendants' adoption of Skechers' trademarks and artistic works was "dishonest." 

He further noted that without immediate action, Skechers would suffer irreparable harm. Consequently, the court issued an order restraining the defendants from using Skechers' trademarks or any marks deceptively similar to them. 

Following the court's directive, Skechers, supported by court-appointed receivers and local police, conducted raids on October 26, 2024, across 15 locations, leading to the seizure of approximately 2,500 counterfeit items. 

The interim relief includes the appointment of court receivers who have the authority to conduct search and seizure operations at the premises of the defendants. The court also allowed for the breaking of any locks if necessary to access these locations, ensuring that the counterfeit goods do not continue to proliferate in the market.

Legal experts suggest that this case could set a precedent for how trademark infringement cases are handled in India, particularly emphasising the judiciary's role in safeguarding brand integrity. However, the order also stipulates that the defendants can apply for modification or recall of the relief, given they provide Skechers with a minimum of seven working days' notice.