Delhi HC restrains fake Bata sellers, orders Flipkart takedown

MUMBAI: Not every shoe fits and the law has just drawn the line. The Delhi High Court has stepped in to protect Bata India’s iconic brand, restraining two individuals from selling footwear under the BATA trademark and directing Flipkart to remove the allegedly infringing listings within 36 hours.

In an interim order dated July 8, Justice Jyoti Singh held that the disputed products carried the same trademark as Bata’s registered mark and were being sold for identical goods, making it a prima facie case of trademark infringement under Section 29(3) of the Trade Marks Act, 1999.

The court observed that the use of the BATA mark on the footwear was likely to confuse consumers into believing the products originated from or were associated with the footwear giant.

According to court records, Bata informed the High Court that its authorised representative identified listings of footwear bearing the BATA trademark on Flipkart during the third week of May 2026. The company subsequently issued a cease and desist notice on May 21 to one of the sellers.

To verify the authenticity of the products, Bata placed an order on June 3, with the footwear delivered on June 6. After examining the products, the company told the court they were counterfeit, despite carrying claims that they had been manufactured and marketed by Bata India Limited.

Bata further submitted that searches conducted on the Trade Marks Registry revealed that neither of the two defendants held any registration or pending application for the BATA trademark.

The High Court also took note of Bata’s long-standing rights over the brand, observing that the company has been the registered proprietor of the BATA trademark and related marks since 1931. It further recorded that the Allahabad High Court had previously recognised BATA as a well-known trademark under the Trade Marks Act, 1999.

On the issue of passing off, the court said the defendants’ conduct appeared intended to mislead consumers into believing the products were genuine Bata merchandise, thereby harming the company’s goodwill and reputation.

Accordingly, the court restrained the two defendants, along with any unidentified persons acting on their behalf, from selling, offering for sale, advertising or promoting footwear or any other goods under the BATA trademark until further orders.

Flipkart, named as the third defendant, has also been directed to remove the infringing URLs within 36 hours of the order.

The matter is scheduled for its next hearing on November 4, 2026.

The ruling underscores the judiciary’s increasingly firm stance on protecting well-known trademarks in the digital marketplace, where counterfeit goods can quickly reach consumers through e-commerce platforms, posing risks to both brand owners and buyers.