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In This Issue
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CONTACT US
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HEAD OFFICE
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AHMEDABAD |
HK Avenue, 19, Swastik
Society
Navrangpura
Ahmedabad - 380 009. INDIA
Phone : +91 79 26425258/ 5259
Fax : +91 79 26425262 /
5263
Email : info@hkindia.com
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United States of
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Vadodara 390 020 INDIA
Phone: (0265) 2322015
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Bombay High Court Grants Interim Relief to Sketchers in Major Counterfeit Case |
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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) |
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Copyright © 2020. H K ACHARYA & COMPANY |
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