In cases where Patent design was cancelled for lacking novelty and prior publication, any other lawsuit for disputing the copy of design can’t proceed until the appeal for cancellation gets successful – Delhi HC
Title: Crocs. INC. USA v Aquallite India Ltd.
Decided on: 09.10.2023
+ CS(COMM) 52/2018, I.A. 19320/2022 & I.A. 6416/2023
Introduction
The present suit was filed by the Petitioners, Crocs. INC. USA, disputing that the Respondents, Aquallite India Ltd. has copied their “CROCS DESIGN”. However, since there was an ongoing suit regarding the Cancellation of the said Crocs design due to lack of novelty and prior publication, the Hon’ble Delhi High Court ordered that the present suit cannot survive until the orders come in favor of Crocs. INC. USA.
Facts of the Case
In this present petition, the plaintiff claimed that the defendants had copied the design of the plaintiff’s footwear, which is known as the “CROCS DESIGN” and for which the plaintiff had design registration number 197685, dated 28th of May, 2004. The design’s life came to an end on May 28, 2019, due to the passage of time.
The Deputy Controller of Patents and Designs issued an order two weeks earlier, on 9 May 2019, revoking the plaintiff’s design’s registration due to lack of novelty and previous publication.
An appeal had been filed against the revocation of the plaintiff’s designs by the Deputy Controller of Patents and Designs given on 9 May 2019, but no orders have been passed thereon.
Court Judgement and Analysis
In this present petition, the court observed that the plaintiff’s attorney brought forward a Coordinate Bench order from 12th of July, 2023, in a related case (CS(COMM) 625/2018 versus M/s Bata India Ltd.). In the cited case the Coordinate Bench determined that the lawsuit could not proceed because the design was canceled for lacking novelty and prior publication. However, the court had left open any remedies available to the plaintiff if the appeal against the cancellation order was successful.
Following the same logic, the same rights were given to the petitioners in the present petition, the suit was disposed of with all pending applications.
The court also upheld that needless to say, there is no question of recording any evidence in this matter any further.
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Written by- Aditi