Not just a shoe, but a Showdown! Crocs Case Returns to Trial, and this time SC Refuses to Intervene.
Coram
Justice Sanjay Kumar and Justice Alok Aradhe
Facts of the case
Crocs Inc., the global footwear company, filed a series of passing-off suits in the Delhi High Court against several Indian manufacturers, including Bata India and Liberty Shoes.
Crocs claimed that these companies were selling footwear that closely copied the distinctive shape, design, and overall configuration of Crocs’ clogs, thereby misleading consumers about the products’ origin.
In 2019, a single judge of the Delhi High Court dismissed Crocs’ suits at the preliminary stage. The court held that Crocs could not pursue passing-off rights over the same features that were already protected as a registered design under the Designs Act.
In July 2025, a Division Bench of the Delhi High Court revived these suits, ruling that the single judge should not have dismissed them without a full trial. Bata and Liberty then approached the Supreme Court by way of Special Leave Petitions (SLPs) to challenge this revival.
Issue Involved
The central legal issue is:
Can a company pursue a passing-off claim over a product’s shape or configuration when that same design was once protected (or is still protected) under a registered design?
Supreme Court’s Reaction
The Supreme Court declined to entertain the SLPs filed by Bata and Liberty.
In simple terms, the Court said:
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The High Court has merely restored the suits for proper adjudication.
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There is no reason for the Supreme Court to interfere at this stage.
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The trial court must decide the matter independently, without being influenced by the High Court’s observations or by the dismissal of these SLPs.
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All legal questions remain open because the Supreme Court hasn’t decided who is right.
The point which is to be noted is that this is a procedural refusal and not a comment on the merits.
The Court isn’t analysing design rights, passing off, dual monopoly, acquired distinctiveness, or trade dress. It is not giving Crocs a win or Bata/Liberty a loss on the actual intellectual property issues. It is just deciding whether this is the right stage to step in or not.
What This Means
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The passing-off suits will now proceed to full trial.
Crocs will have the opportunity to prove that its clog design has acquired distinctiveness and goodwill. -
The key legal issue remains unresolved.
The Supreme Court has not ruled on whether passing-off is maintainable alongside design protection — this battle is still alive. -
Manufacturers face uncertainty.
If courts ultimately accept Crocs’ arguments, product shapes and configurations may receive stronger trade dress protection, even after design rights expire. -
IP strategy may shift in India.
Companies may invest more in building brand association with product shapes, anticipating future trade dress claims. -
The trial court’s finding will be influential.
The eventual judgment could shape how Indian law balances the need for competition against the protection of distinctive product designs.
Conclusion
The Court has made one thing clear: this dispute deserves a full hearing. The real fight will unfold at the trial stage, where both sides will finally test their arguments on goodwill, confusion, and the overlap between design law and passing-off.
This case has all the ingredients for a landmark ruling. But every reader sees the law differently, so tell us. Who’s making the stronger move: Crocs or Bata–Liberty? Drop your view in the comments.
