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Clog wars are back-Crocs sues Indian giants for copying design!

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The iconic American brand Crocs Inc. has reignited its legal battle in India after the Delhi High Court overturned a 2019 ruling, allowing the company to sue several major Indian footwear brands. Companies like Bata, Relaxo, Liberty, Action, Aqualite, and Bioworld are under fire for allegedly copying Crocs' signature foam clog design-famous for its unique shape and perforations.

Back in 2019, a lower court dismissed Crocs’ plea, stating that the design registered under the Designs Act cannot receive trademark-style protection. However, the latest ruling changes the game.

The court now says that passing-off claims-which protect brand identity and consumer trust-can exist independently of statutory design rights. This means Crocs’ visual branding and product "look" can still be protected under common law.

Crocs had initially filed multiple suits claiming that Indian brands were misleading customers by selling lookalikes. With this decision, the case is headed to full trial, reigniting the "Clog Wars" and raising big questions about design originality vs imitation in India’s booming footwear market.

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