The Weekly Obiter

DELHI HC IMPOSES COST OF RS 87 LAKH ON PURE PLAY SPORTS IN IP SUIT WITH SKECHERS: AUGUST 20, 2018

September 21, 2018

The Hon’ble High Court of Delhi in CS (Comm) 573/2016 titled as “Skechers USA INC and Ors Versus Pure Play Sports” has imposed costs of Rs. 87 lakh on Pure Play Sports for manufacturing and dis-tributing look-alikes of Skechers’ Go-walk 3 series range of shoes. The cost, imposed in favor of Skechers, includes the amount paid by the American footwear brand towards expenses incurred by it on litigation, local commissioner and court fees. The cost was awarded by Joint Registrar (Judicial) Raj Kumar Tripathi in a passing off suit initiated by Skechers USA Inc. and its affiliate entities against Pure Play Sports seeking a decree of permanent injunction and damages. Skechers had also alleged trademark dilution and unfair competition against Pure Play Sports. The suit was decreed in favor of Skechers in a summary judgement passed by Justice Rajiv Sahai Endlaw vide an order dated May 15, 2018, which noted that, “The plaintiffs are entitled to costs of the suit from the defendant herein.” 

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