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In Sketchers South Asia Pvt Ltd & Ors v. Wardrode & Ors., Sketchers pursued legal action against Wardrode, accusing it of selling imitating products that used Sketchers trademarked designs including the trade marks SKECHERS (word per se) and Sketchers artistic works and for passing off. Sketchers claimed that such actions confused customers and harmed its brand reputation.

Justice RI Chagla, overseeing the case, agreed with Sketcher’s claim that a prima facie case was made. He observed that the alleged imitation of Sketchers trademarks and designs could mislead buyers, resulting in brand dilution. The court deemed the defendants actions to be a misuse of Sketchers intellectual property rights and granted ad-interim relief to prevent further harm.

The Hon’ble Justice noted that failing to act would likely lead to “irreparable harm and injury” for Sketchers. The Court appointed special receivers with authority to carry out immediate search and seizure operations. On October 26, law enforcement and court appointed agents conducted raids in multiple locations across Maharashtra, Madhya Pradesh and Delhi, confiscating approximately 2,500 counterfeit Sketchers products from the defendants.

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Prepared by : Drashti S. Varmora (Advocate)