Bata India secures legal relief to prevent sale of fake products on Flipkart, strengthening trademark protection.
In a significant legal victory, Bata India Limited has been granted an *ex parte* ad interim injunction by the Delhi High Court, restraining defendants Lalli Devi and others from selling counterfeit footwear products under the trademark "BATA." The decision, delivered by Justice Jyoti Singh on July 8, 2026, underscores the court's commitment to protecting well-known trademarks from infringement and dilution.
Bata India, a leading manufacturer and retailer of footwear, has been using the trademark "BATA" since 1931. The brand, recognized as a well-known mark by the Allahabad High Court, enjoys statutory and common law rights to exclusively use the mark. The court found that defendants were selling counterfeit products bearing the "BATA" mark on the Flipkart platform, constituting trademark infringement under Section 29 of the Trade Marks Act, 1999.
Justice Singh noted that the plaintiff had established a *prima facie* case of trademark infringement and passing off. The balance of convenience favored Bata India, as irreparable harm would ensue if the injunction were denied. Consequently, the defendants were restrained from selling or promoting counterfeit products under the "BATA" trademark until further notice.
The court also directed Flipkart, the third defendant, to remove the URLs of the counterfeit listings within 36 hours of the court order. This action is expected to curb the unauthorized sale of fake Bata products online.
This ruling reinforces the legal protections available to trademark holders in India and sends a strong message to counterfeiters about the consequences of unauthorized use of well-known brands.
Bottom line:-
Trademark infringement and passing off - Plaintiff granted *ex parte* ad interim injunction to prevent the sale of counterfeit products bearing the trademark "BATA" due to trademark infringement, passing off, and dilution of a well-known mark.
Statutory provision(s): Trade Marks Act, 1999 Sections 2(1)(zg), 28, 29, Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
Bata India Limited v. Lalli Devi, (Delhi) : Law Finder Doc id # 2942495
