Big Win for Crocs: Supreme Court Allows Passing-Off Suits vs Indian Footwear Makers, including Bata and Liberty

On November 14, 2025, the two-judge bench of the Supreme Court (SC) of India, constituting Justice Sanjay Kumar and Justice Alok Aradhe, refused to interfere with the July 2025 Delhi High Court (HC) judgment that revived passing off suits (over the infringement of the footwear designs) of Crocs Inc. USA against multiple Indian footwear manufacturers, including, Bata, Relaxo, Liberty, Aqualite, and Action Shoes. The bench said, “We are not inclined to entertain this plea. The Delhi High Court has merely restored the suits for consideration by the trial court...We, however, make it clear that the trial court of the learned single judge shall consider the matters uninfluenced by any observations made by the division bench or by the dismissal of these SLPs. Question of law kept open.” While hearing the matter, Justice Kumar also opined, “So far as India is concerned, they don't have the registration of this design as a trademark. They only had it as a Design registration. There is no trademark registration.”

During the proceedings, Senior Advocate Akhil Sibal, who appeared for Crocs Inc,. said, Passing off is a cause of action which is different from infringement which is a pure statutory cause of action. Nothing in the Designs Act excludes passing off. In the Trademarks Act, Section 27(2) specifically says the Act will not affect rights under common law.” He added, “Passing off is a common law remedy aimed at protecting one's hard earned goodwill from others who deceitfully try to capitalise on it. For passing off, the right arises from user. For infringement, the right arises from registration. Under passing off, I have to establish that I have generated immense goodwill through the trade dress and that the trade dress is a sole indicator of me.” After hearing the matter, the two-judge bench declined to interfere with the Delhi HC’s decision.