The Bombay High Court has awarded ex parte ad interim relief to global footwear giant Skechers in a recent trademark infringement lawsuit. The court ruled that the defendants had unlawfully used Skechers’ registered trademarks and artistic designs on counterfeit products.
During a hearing of an interim application in a commercial IPR suit filed by Skechers, Justice R.I. Chagla noted, “The adoption of the plaintiffs’ trademarks and artistic works in relation to the impugned goods by the defendants is dishonest.” The plaintiffs had requested an ex parte order, fearing that if the defendants were notified beforehand, they might dispose of the infringing items.
Represented by advocate Hiren Kamod, the plaintiffs argued that unauthorized Skechers-branded products were discovered at the defendants’ business locations. These products were identified as counterfeits, not authorized or produced by any of Skechers’ legal entities. Plaintiff No. 2, responsible for designing and marketing Skechers products, and Plaintiff No. 3, the trademark rights owner, have demonstrated that the unauthorized use of their intellectual property could cause irreparable harm, loss, and injury due to the significant reputation and goodwill associated with their brand.
The court emphasized that the urgency and necessity of the ex parte order were predicated on the risk of the defendants destroying evidence or continuing to sell counterfeit goods if advance notice was given. This precaution aims to preserve the integrity of the market for genuine Skechers products and the interests of consumers.
Furthermore, the court’s ruling stipulates that this order does not restrict the defendants from selling genuine Skechers products that were legally acquired from authorized sources and correctly bear the trademarks and artistic works applied by Skechers or its authorized agents.
