Bombay, Delhi HCs halt fake Skechers sales; 2,500 items seized in 3 cities

The Bombay and Delhi High Courts recently ordered a halt to the sale of counterfeit goods bearing American multinational footwear and apparel brand Skechers trademarks and directed the search and seizure of lookalike items.

 

Following the order, Skechers, with assistance from the police and duly appointed Court Receivers (by the Bombay High Court) and Local Commissioners (by the Delhi High Court), conducted search and seizure operations on October 26 at over 15 locations across three states—Nashik, Indore, and Delhi—seizing approximately 2,500 counterfeit items bearing various Skechers trademarks.

 

Skechers USA Inc and Skechers USA Inc II, acting in India through Skechers South Asia Private Limited, had recently approached the Bombay and Delhi High Courts, reporting that numerous counterfeit goods bearing their trademarks were seen in the markets.

 

"The same not only duped consumers and the general public at large but also caused harm to the goodwill and reputation of Skechers in India. It was important for Skechers to curtail the manufacturing and sales of these counterfeits in India, targeting the issue right before Diwali when the counterfeits had just been placed in the markets," Skechers told the court through its advisor, Khaitan & Co.

 

On October 24, the Bombay High Court granted relief to Skechers against infringers located in Nashik and Indore who were engaged in selling counterfeit or lookalike footwear bearing various Skechers trademarks. This was done by granting an ex parte injunction order (a court order requiring a person or party to do or refrain from a specific action) and permitting the search and seizure of counterfeit products.

 

Similarly, on October 25, the Delhi High Court granted relief to Skechers against known and unknown counterfeiters, commonly referred to as John Doe or Ashok Kumar, who were manufacturing and selling counterfeit or lookalike footwear bearing Skechers trademarks. The court granted an ex parte injunction along with search and seizure of counterfeit products.

 

An ex parte injunction is a temporary court order issued without the other party's presence or participation. The term 'ex parte' means 'from one side'.

 

Khaitan & Co advised Skechers South Asia Private Limited and others. Counsel Hiren Kamod and Senior Counsel Chander M. Lall, appearing for Skechers South Asia Private Limited and others before the Bombay and Delhi High Courts, respectively, were briefed by Smriti Yadav (Partner), Shubham Shende (Associate), Kshitij Parashar (Principal Associate), and Gautam Wadhwa (Senior Associate) of Khaitan & Co.