In an interim relief for Skechers South Asia Private Limited, the Bombay High Court has restrained defendants from using the global footwear brand’s trademark or any similar marks. The HC was dealing with a suit filed by Skechers alleging alleged trademark infringement by counterfeiters.
While granting interim relief, Justice Riyaz Chagla noted that the footwear brand had established a strong prima facie case, and the respondents’ actions constituted dishonest use of Skechers’ trademarks and artistic works.
Emphasising the urgency of the situation, the HC directed immediate action to prevent further harm to Skechers’ brand, and appointed court receivers to conduct search and seizure of counterfeit products from the infringers premises and make an inventory of the same.
Accordingly, on October 26, raids were conducted by police personnel and duly appointed court receivers/local commissioners, along with Skechers’ team, at 15 locations in Nashik (Maharashtra), Indore (Madhya Pradesh) and Delhi and seized approximately 2,500 counterfeit products bearing various Skechers trademarks.
Skechers, a leading global brand in footwear and apparel established in 1992, owns several trademarks including the well-known name “SKECHERS”. It argued that defendants’ counterfeiting activities infringed upon their trademark and copyright-protected artistic works. They contended that the trademarks and designs were uniquely associated with their products, which include footwear, apparel, and accessories for all age groups.
Skechers contended that, in October, an investigator hired by it identified counterfeit products displaying their trademarks in retail outlets in Nashik and Indore. The counterfeits were low-quality imitations closely resembling genuine Skechers items. It submitted photographic evidence and detailed descriptions of the counterfeit products, emphasising their striking resemblance to authentic merchandise. The investigation revealed that the alleged infringers operated in a coordinated fashion, with no legitimate trademark applications for these products.
Justice Chagla noted, “The adoption of the Plaintiffs’ TradeMarks and the Plaintiffs’ Artistic Works in relation to the Impugned Goods by the Defendants is dishonest,” adding that without the requested reliefs, Skechers would likely suffer irreparable harm, loss, and injury. Consequently, the court granted the ad-interim injunction.
The judge also outlined specific procedures for the operation, including appointing Additional Special Receivers in Nashik and Indore to collaborate with local police for effective enforcement. The appointed receivers were given authority to break locks at the defendants’ premises if necessary to implement the court’s orders. Similar search-and-seizure orders were also issued by the Delhi High Court, strengthening the enforcement measures against counterfeiters across multiple regions.
