Recently, the Hon’ble Delhi High Court directed the Trade Marks Registry (“Registry”) to remove a trade mark registration for the mark CROOSE (Stylized), owned by JNG Footstep Private Limited (“Respondent”), based on a cancellation petition filed by Crocs Inc. (“Petitioner”), based on its rights in the mark CROCS.
It is the Petitioner’s case that its goods under the mark CROCS are sold worldwide, including India, since the last several years, for which it has obtained trade mark registrations. It was claimed that the lettering style used in the CROOSE (Stylized) mark is identical to that of the mark CROCS. It was further submitted that even the placement of the CROOSE (Stylized) mark on the Respondent’s products is identical to that of the mark CROCS on the Petitioner’s products.
The Respondent submitted that the CROOSE (Stylized) mark is not deceptively similar to the mark CROCS as it is structurally, phonetically and visually different from the same. It was further submitted that due process was followed to obtain a registration for the CROOSE (Stylized) mark.
At the outset, the court was of the view that the Petitioner being the owner of the CROCS mark is a person aggrieved and can maintain the cancellation. Further, the court, after considering the use of the CROOSE (Stylized) mark by the Respondent on its products, stated that the placement of the mark on the Respondent’s products is identical to that of the mark CROCS on the Petitioner’s products. Additionally, the overall visual and phonetic appearance of the CROOSE mark is similar to that of the mark CROCS. In light of this, the court allowed the cancellation and directed the Registry to remove the Respondent’s registration from the Trade Marks Register.