Relaxo vs Aqualite: Strengthening Design Enforcement In India

Design protection is crucial for businesses that rely on unique product appearances to differentiate themselves from the competitor's product. The dispute between Relaxo Footwears Ltd. (Relaxo) and Aqualite Industries Pvt. Ltd. (Aqualite) over flip flop slippers (known as 'hawai slippers' in India) provides a clear guidance on novelty, prior art and aesthetic appeal of a product required to seek an interim injunction.

Background

1. Relaxo's owns two designs for slipper models (BHG 136 and BHG 137), featuring vertical ridges on the sides, which are claimed to be a novel visual element.
2. Relaxo alleged that Aqualite was manufacturing and selling slippers that were visually similar, thus infringing their registered designs.