Full Text
HIGH COURT OF DELHI
CS(COMM) 570/2017 & I.A. 18959/2022
M/S CROCS INC USA ..... Plaintiff
Through: Mr. Ajay Amitabh Suman, Adv.
Through: Mr. Gaurav Miglani and Ms. Mansi Sharma, Advs.
M/S CROCS INC.USA ..... Plaintiff
Through: Mr. Ajay Amitabh Suman, Adv.
Through: Ms. Vindhya S. Mani, Ms. Vaishali Joshi and Ms. Surbhi Nautiyal, Advs. for D-2&3
28.08.2023
JUDGMENT
1. The suit design, which is asserted in these two suits, stands cancelled by the Registrar of Designs. Against the said order, the plaintiffs have preferred an appeal which is presently pending before the High Court of Calcutta. CS(COMM) 570/2017 and another connected matter
2. Mr. Suman has drawn my attention to an order passed by the Coordinate bench of this Court on 12 July 2023 in which, in similar circumstances, the suit was disposed of as not surviving for consideration subject, however, to reserving of liberty with the plaintiff to avail appropriate remedies in the event of the appeal, filed by the plaintiff against the cancellation of the suit design, succeeding.
3. Following the said order and reserving liberty in the terms aforesaid, these suits are also disposed of.
4. I.A. 18959/2022 and I.A. 2010/2020 do not survive for consideration and stand disposed of accordingly.
C.HARI SHANKAR, J AUGUST 28, 2023