Bombay HC rejects PIL against Prada, says petitioners lack standing in case

The Bombay High Court on Wednesday questioned the statutory right of six advocates to sue Italian fashion house Prada for its alleged unauthorised use of the famous Kolhapuri chappals and dismissed their public interest litigation PIL reported news agency PTIA bench of Chief Justice Alok Aradhe and Justice Sandeep Marne raised questions on the locus of the petitioning advocates saying they were not the aggrieved persons or the registered proprietor or owner of the footwearWhat is your petitioners statutory right HC asked reported PTIYou are not the owner of this Kolhapuri chappal What is your locus and what is the public interest Any person aggrieved can file a suit What is the public interest in this the court asked reported PTIThe plea had said the Kolhapuri chappal sandals is protected as a Geographical Indication GI under the Geographical Indications of Goods Registration and Protection ActThe bench then said that the registered proprietor of the GI tag can come to court and espouse their own actionThe court dismissed the plea and said it would pass a detailed order laterIn their springsummer collection Prada showcased their toering sandals which the petition said are deceptively similar to the Kolhapuri chappals These sandals are priced at Rs 1 lakh per pairThe bench also questioned how an injunction can be granted in a PIL and said the affected party can file a suit if they wish toInfringement action cannot be decided in a PIL It has to be in a suit by the aggrieved person Evidence will have to be looked into HC said reported PTISenior counsel Ravi Kadam appearing for Prada argued that a GI tag was a trademark and opposed the PIL filed by the advocatesThe petition filed earlier this month had sought compensation to be paid to Indian artisans over the alleged copying of their designThe Kolhapuri chappal is the cultural symbol of Maharashtra the plea filed by six Punebased lawyers said reported PTIThe petition was filed against the Prada Group and various Maharashtra government authoritiesIt sought direction restraining Prada from commercialising and using its toering sandals without authorisation and for the luxury fashion group to issue a public apology and acknowledge the use of Kolhapuri chappalsThe court shall also order a permanent injunction against Pradas unauthorised GI use and to compensate the artisans community for reputational and economic damages the petition had said reported PTIIt also sought an inquiry against Prada for violating the rights of GIregistered proprietors and the artisans communityBy way of interim order the PIL had sought damages and compensation to be paid to the artisans community including a temporary injunction restraining Prada from marketing selling or exporting their sandalsIt claimed that Prada has privately accepted that its collection has been inspired by Indian artisans but has not yet issued any formal apology or compensation to the original artisansThe private acknowledgement appears to be merely a superficial attempt to deflect criticism the PIL said reported PTIThe petitioners sought a direction to the authorities to protect the rights of the community and ensure compensation for its membersWith inputs from PTI