Name:-Roshni ashok pawshe
Roll no:-M2241
Institute:- fr c rodrigues of management studies
MMS SEM 2
Relaxo Footwears Limited vs Aqualite Industries Pvt Limited on 8 October, 2021
RELAXO FOOTWEARS LIMITED ….. (Plaintiff)
Through Mr.Pravin Anand, Mr. Saif Khan, Mr.Shobhit Agrawal and Mr.Deepank Singhal
Vs
AQUALITE INDUSTRIES PVT LIMITED ….. (Defendant) Through Mr.Sandeep Sethi, Sr. Adv. with Mr.Peeyoosh Kalra, Mr.C.A. Brijesh and Mr.Dhruv Grover
Relaxo Footwears Limited began as a small enterprise in the year 1976 and was incorporated in the year 1984. It started by manufacturing Hawaii slippers and has grown into a large scale enterprise from there with sheer commitment.
Relaxo Footwears Limited manufactures over 6 lakh pairs of footwear per day and 18 crores pairs per year and has emerged as the largest footwear producer in India.
The products are marketed under distinctive trademarkes and labels including the house mark RELAXO and various product specific brands like BAHAMAS, FLITE, SPARX,SCHOOLMATE etc.
The present application was filed by the plaintiff ie. Relaxo Footwears seeking an ex parte injunction to put restrain on the Defendant ie. Aqualite pvt Limited from manufacturing, selling or advertising etc the challenged footwear products which are said to be an imitation of the Relaxo footwear products.
The suit pertained to the intellectual property rights of the plaintiff regarding the overall trade dress and get up of certain footwear products. It was said that the Defendant imitated and pirated the designs of the plaintiff.
Three suites were filed by the plaintiff
1) It was stated that a distinctive, distinguishable and prominent feature of their design is the vertical ridges/ grooving pattern running across the periphery of the entire slipper and the shape configuration and surface pattern of the product is duly registered design under the Designs Act,2000 bearing Registration no. 325071 dated 27.12.2019
2) The said product is said to have been adopted by the plaintiff in November 2019 and urged that by the virtue of prior and continuous use, the company had acquired goodwill and reputation for the product.
3)The plaintiff does not not press any relief for the said design for the time being as the designs is not a registered design. This was just for the purpose of the present application.
In February 2021 Relaxo Footwears Limited got to know from the market sources that Aqualite Industries is copying their unique designs and their products and encashing on the hard earned goodwill, reputation and succes enjoyed by Relaxo. Also, it came to notice that Aqualite had a past of copying Relaxos products and has no regard for the intellectual property rights and continued with it’s unlawful acts.
Aqualite Industries Pvt Limited said that the subject designs cannot stand the test of novelty and originality.
Also said that the features in the registered design are subject to prior art and not protectabe and similar designs have been published in India and abroad and the designs in question are prior published . Therefore, lacks novelty.
Decision by the court:
The court concluded that Aqualite has prima facie copied the designs of Relaxo and restrained Aqualite from manufacturing,selling, offering for sale, offering for sale,advertising, importing and exporting or in any manner dealing with product infringement and the subject design.