The Delhi High Court restrained a local shoe manufacturer from using the trade dress of US lifestyle shoe maker SKECHERS GOwalk series in relation to any of their products.
Plaintiff SKECHERS sued defendant Pure Play Sports for copying their trade dress for GOwalk series3 shoes.
The Court said, “…that the visual impression gathered from the trade dress of the competing products is that trade dress of the plaintiffs product is substantially copied by the defendants which is likely to result in confusion. There is every likelihood that an unwary and gullible customer may get confused as to the source of origin of the shoes of the defendants, and may assume that the same come from the source of the plaintiff as the shoes of the defendants have a remarkable resemblance with those of the plaintiffs.”
“No doubt, the trademarks of the plaintiff, i.e. SKECHERS is inscribed on the inner sole of the plaintiff’s shoes, and the defendant’s mark PUREPLAY is similarly inscribed on the inner sole of the defendant’s shoes, and there is no similarity in the said two word marks. However, that by itself, does not appear to be sufficient to dispel the possibility of confusion in the mind of an unwary customer. This is, because, the several aspects of trade dress are strikingly similar between the shoes of the plaintiffs and those of the defendants and the overall get up and trade dress is also markly similar. The word marks of the parties are printed on the inner sole, which is not what catches the attention of a consumer looking to buy a stylish shoe”, the Court added.