Crocs Wins Legal Boost in India: Delhi HC Revives Lawsuit Against Local Brands
Crocs gets a fresh shot in court as Delhi High Court revives its lawsuits against Indian footwear brands accused of copying its iconic clog design.
Crocs Lawsuit in India Reinstated: Delhi High Court Allows American Footwear Giant to Pursue Claims Against Local Brands
The iconic American footwear brand Crocs Inc. has received a significant legal breakthrough in its ongoing battle against Indian companies accused of imitating its globally recognized clog design. The Delhi High Court has overturned a 2019 ruling that had initially dismissed Crocs’ legal suits, giving the brand the green light to proceed with its claims in Indian courts. This decision marks the resurgence of what many are now calling the “Clog Wars” between Crocs and several Indian footwear manufacturers.
The dispute at the center of this legal saga revolves around the distinctive foam clogs that Crocs is famous for — a design easily identified by its unique shape, structure, and the signature perforated upper. Crocs alleges that prominent Indian brands such as Bata, Liberty, Relaxo, Action, Aqualite, and Bioworld have been manufacturing and marketing shoes that closely resemble Crocs’ design. According to the company, these lookalikes are misleading Indian consumers and threatening the brand’s identity and exclusivity in the market.
What makes this legal conflict especially noteworthy is that Crocs’ lawsuit does not focus solely on traditional design infringement. Rather, the company has pursued action on the grounds of “passing off,” a form of legal protection typically related to trademark law. Crocs claims that even if the design itself is not protected under design law anymore, the overall trade dress — the look and feel of its clogs — should be safeguarded under trademark principles. This includes aspects like product configuration, design, and consumer perception, which together contribute to the brand’s identity.
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In 2019, however, a lower court dismissed these lawsuits in their early stages. The court reasoned that Crocs was attempting to obtain dual protection for the same design — once under the Designs Act and again under trademark law, which was not permissible under Indian legal provisions. It held that once a design is registered and its protection term ends, the rights to that design expire, and no further claims should be entertained.
But Crocs refused to back down. The company challenged the ruling, and its persistence has paid off. In a strong statement, the Division Bench of the Delhi High Court ruled that Crocs’ claims based on passing off are valid and not contingent upon the product exceeding the scope of the original registered design. The court emphasized that passing off is a common law remedy that exists independently of statutory rights, including design registration. This means Crocs can seek to protect its brand identity even if the design patent has expired.
The court’s decision has major implications, not just for Crocs but for how design and trademark laws intersect in India. By acknowledging that visual identity and trade dress are distinct from design rights, the ruling strengthens the position of brands seeking long-term protection against imitation — particularly in industries like fashion and footwear, where visual design plays a critical role in consumer association.
With this ruling, Crocs’ lawsuits against the aforementioned Indian companies will now proceed to full trial. It will be up to the courts to decide whether these brands have indeed infringed upon Crocs’ trade dress and misled consumers by copying the product’s look.
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For Crocs, which has built a cult-like following and a global identity around its unusual foam clog design, the decision is a validation of its efforts to protect its innovation in the global market. For Indian brands, this development serves as a wake-up call to reconsider the boundaries of inspiration versus imitation in product design.
As the trials unfold, the outcome will likely set a precedent for future design-related legal battles in India — and determine how far global brands can go in protecting their unique identity from being diluted in foreign markets. The Clog Wars are far from over, but for now, Crocs has taken a confident legal step forward in the Indian arena.
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