Khaitan & Co Advised Skechers South Asia On Enforcement Actions Against Counterfeit Goods Across India
Khaitan & Co Advised Skechers South Asia on Enforcement Actions Against Counterfeit Goods Across India
Khaitan & Co has successfully advised Skechers South Asia Pvt. Ltd., the Indian subsidiary of Skechers USA Inc., on legal measures to combat counterfeit goods in India. The Court has restrained infringers from using the Skechers trademark or any similar marks in connection with their products during the ongoing suit filed by Skechers.
Justice R.I. Chagla of the Bombay High Court determined that Skechers had established a strong prima facie case, noting that the infringers' actions constituted dishonest use of Skechers' trademarks and artistic works. The Court emphasized the urgency of the matter, ordering immediate action to prevent further harm to the plaintiffs' brand.
Skechers South Asia Pvt. Ltd., is a leading footwear and apparel brand established in 1992, owns several trademarks, including the well-known name "SKECHERS." The Court found that the plaintiffs had presented a compelling prima facie case for trademark infringement and copyright violation.
In the ruling, Justice Chagla stated, “I am of the view that the adoption of the plaintiffs’ trademarks and artistic works in relation to the impugned goods by the defendants is dishonest. Unless the reliefs sought for are granted, the plaintiffs will suffer or are likely to suffer irreparable harm, loss, and injury,” which led to the granting of an ad-interim injunction.
Furthermore, the Court appointed receivers to facilitate search and seizure operations, granting them the authority to break open any locks at the defendants’ premises at any time to implement the Court's orders.
The Khaitan & Co. team played a pivotal role in securing ex-parte injunctions from the Bombay and Delhi High Courts, resulting in search and seizure operations across 15 locations in Nashik, Indore, and Delhi.
The core team at Khaitan & Co. comprised Partner Smriti Yadav, Principal Associate Kshitij Parashar, Senior Associate Gautam Wadhwa, and Associate Shubham Shende.
