ARTICLE
25 November 2024

Battle Of The Crocodiles – Lacoste Is Victorious

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Goodmans LLP

Contributor

Goodmans is internationally recognized as one of Canada’s pre-eminent business law firms. Based in Toronto, the firm has market-leading expertise in M&A, corporate and transaction finance, private equity, real estate, tax, restructuring, litigation, intellectual property and other business-related specialties.
A recent decision from a court in India resolved a decades-long dispute between two fashion giants, Lacoste and Crocodile International ("Crocodile"), issuing a permanent injunction against Crocodile.
Canada Intellectual Property

A recent decision from a court in India resolved a decades-long dispute between two fashion giants, Lacoste and Crocodile International ("Crocodile"), issuing a permanent injunction against Crocodile. The court found that Crocodile's use a of similar-looking crocodile logo infringed Lacoste's trademark.

The dispute first started in 2001, when Lacoste initiated a lawsuit in India to protect the intellectual property of its crocodile logo, which had been registered in India in 1983. Lacoste argued that the companies' crocodile logos were too similar and, as such, were likely to cause confusion among customers. Conversely, Crocodile argued that the differences between the logos were such that any risk of consumer confusion was eliminated.

The court determined that the logos were similar enough to constitute trademark infringement, as they could cause confusion and mislead customers.

Consequently, the court issued a permanent injunction prohibiting Crocodile from producing, marketing, selling, or using any products with the trademark. Additionally, Crocodile was ordered to account for the profits earned from selling goods featuring the crocodile mark.

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

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