Delhi HC Directs Crocs To Pay Rs. 24.63 Lakh Costs To Bata In Design Infringement Suit

New Delhi: The Delhi High Court has directed Crocs Inc. USA to pay costs of Rs. 24,63,400 to Bata India Ltd. after its design infringement suit could no longer continue following cancellation of the registered design on which the suit was based.

Court Awards Costs Following Cancellation Of Registered Design

Justice Prathiba M. Singh allowed an application filed by Bata India under Sections 35 and 35A read with Section 151 of the Code of Civil Procedure, seeking costs against Crocs for contesting the suit proceedings. The Court held that mere non-mention of costs in its earlier order disposing of the suit could not amount to a waiver, and directed Crocs to pay Bata a sum of Rs. 24,63,400 within three months, holding that in commercial matters, costs must follow the cause.

Background: Suit Over Alleged Imitation Of Crocs' Registered Design

Crocs had filed the suit seeking a permanent injunction restraining infringement of Design Registration No. 197685, alleging that Bata's footwear was a fraudulent and obvious imitation of its registered design possessing novel shape, feature and configuration. The suit, originally filed before the District Judge, Central District, Tis Hazari Courts, in 2014, saw an ex-parte ad-interim injunction granted along with appointment of Local Commissioners, who seized infringing goods from Bata's premises.

On February 8, 2018, a Single Judge dismissed the interim injunction applications in seven connected suits, holding that the design was not novel and the footwear design already existed in the public domain, while allowing Bata's application under Order XXXIX Rule 4 CPC and awarding actual costs. This order was upheld by the Division Bench on January 24, 2019, and subsequently by the Supreme Court, which in a 2019 order held that the direction on costs would be subject to the result of the suit.

Also Read: Crocs Gets Go-Ahead From Supreme Court to Fight Bata, Liberty for Copying Its Famous Clog Design

Design Cancelled By Deputy Controller Of Patents And Designs

The Deputy Controller of Patents & Designs, in an order dated May 9, 2019, cancelled Crocs' registered design on a cancellation petition filed by M/s Brainbees Solutions Pvt. Ltd., holding that the design was not new or original since it had been published prior to registration. On July 12, 2023, the Court noted that the design's term had itself expired and that, given the cancellation, the suit could no longer continue, though it left open Crocs' remedies should any appeal restore the design.

Court Relies On Uflex Principle That Costs Must Follow The Cause

Considering Bata's application for costs, the Court noted that the design's cancellation had rendered the substratum of the suit non-existent, and that the 2023 disposal order had not become final until Crocs' appeal against the cancellation was resolved. Relying on the Supreme Court's decision in Uflex Ltd. v. Government of Tamil Nadu, the Court reiterated that costs should ordinarily follow the event, that realistic costs must be awarded given rising litigation expenses, and that costs serve to curb frivolous and vexatious litigation.

The Court noted that both parties were financially strong commercial entities that had chosen to carry the litigation up to the Supreme Court and back, and must accordingly bear the consequences and costs of success or failure. Bata's counsel submitted a bill of costs totalling Rs. 24,63,400, which included costs earlier determined by the Single Judge in 2018, supported by documents and an affidavit; the amount was not disputed by Crocs.

Costs Ordered To Be Paid Within Three Months

Applying the principles in Uflex and Chapter 23 Rule 5 of the Delhi High Court (Original Side) Rules, 2018, the Court directed Crocs to pay Bata Rs. 24,63,400 within three months, and ordered that a connected execution petition filed by Bata would also stand disposed of upon payment.

Case Title: Crocs Inc. USA v. M/s Bata India Ltd. & Ors.
Case No.: CS(COMM) 625/2018 (I.A. 25948/2023)
Citation: 2026:DHC:5476
Court: High Court of Delhi at New Delhi
Bench: Justice Prathiba M. Singh
Order Date: July 2, 2026
Counsel for Plaintiff (Crocs): Ms. Swathi Sukumar, Senior Advocate, with Mr. Gaurav Gogia, Ms. Shruti Manchanda and Ms. Rishika A., Advocates
Counsel for Defendants (Bata): Mr. Neeraj Grover and Mr. Tushar Kr. Ranaut, Advocates