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HC rejects Crocs Inc plea, says ‘design can’t constitute trademark’ (Lead)
New Delhi, March 8 (IANS) The Delhi High Court has rejected a plea by multinational footwear manufacturer Crocs Inc seeking to restrain some companies from copying its registered design, saying that “a registered design cannot constitute a trade mark”.
“However, if there are features other than those registered as a design and are shown to be used as a trade mark and (with which) goodwill has been acquired, it is only those extra features which can be protected as a trade mark,” Justice Rajiv Sahai Endlaw said in its March 5 order.
“In my opinion, a registered design confers on the registrant only the right to restrain another from infringing the design and not to also claiming the registered design as its trademark/ trade dress and restraining another from passing off its goods as that of the registrant, by copying the registered design.”
The court was hearing a plea of American footwear company Crocs, Incorporated seeking permanent injunction for restraining various other footwear companies from adopting and copying the shape trademark and design of the plaintiff (Crocs).
The Crocs is using a registered design as a shape trademark.
Crocs has initiated the litigation for restraining some of the defendants (other footwear companies) from infringing the registered design of the plaintiff with respect to “Crocs” footwear.
Crocs argued that the design of the subject footwear of the plaintiff and defendants’ is the same.
The counsel for the defendants argued that no additional features qualifying as trade dress, which are not part of the registered design, have been pointed out.
The court noted that Crocs has not been able to show any extra, besides the design, which is used as a trademark.
The court said that the plaintiff has not pleaded anything extra, which is used and has goodwill as a trademark and which can be protected in these actions for passing off.
The court said that the law relating to designs is that what is registered as a design cannot be a trademark, not only during the period of registration as a design but even thereafter.
It noted that “as per the definition of design in the Designs Act, if the feature of shape, configuration, pattern, ornament or composition of lines or colours applied to any article is being used as a trademark, it cannot be registered as a design”.
The court also said that use of registered design as trademark and restraining other from using the design is not permissible in law.
–IANS
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.