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Saksham

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Bebyond • 3m

Did you know Crocs was once denied protection for its unique design because they did ONE wrong move? Read this if you want to save your design from being copied. See You Later, Alligator! Said the Delhi High Court while rejecting the Crocs' suit against Aqualite for copying its registered design. Crocs Vs Aqualite: 1. The Court ruled a registered design can't enjoy trademark registration 2. Designs Act aims to prevent trademarks from getting design protection, not vice versa 3. Designs get 20 year protection against "subsequently similar" copies; trademarks offer lifetime protection against "likelihood of confusion" 4. Some designs gain source-identifying ability over time (eg: Coke Bottle) The Court held that the protection of a registered design cannot overlap wirh a trademark because of Section 19(e) the design would have to be used as a trade dress or packaging to claim protection under the remedy of passing off.

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