Kolhapuri chappals rows: Bombay HC dismisses PIL against Prada

The Bombay High Court on Wednesday (July 16) 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).

A Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne questioned the “locus” and statutory right of the five advocates who had filed the PIL, saying they were not the aggrieved persons or the registered proprietor or owner of the footwear.

Also Read: Kolhapuri chappal row: PIL in HC against Prada for 'unauthorised use'

Court dismisses plea

"You 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.

The plea had said the Kolhapuri chappal (sandals) is protected as a Geographical Indication (GI) under the Geographical Indications of Goods (Registration and Protection) Act.

The Bench then said that the registered proprietor of the GI tag can come to court and seek an action.

The court dismissed the plea and said it would pass a detailed order later.

Also Read: Prada's Kolhapuri twist: Can global runways do justice to Indian craft?

GI violation

In their spring/summer collection, Prada showcased their toe-ring sandals, which the petition said are deceptively similar to the Kolhapuri chappals. These sandals are priced at Rs 1 lakh per pair.

The petition filed earlier this month sought an inquiry against Prada for violating the rights of GI-registered proprietors and the artisans' community.

"The Kolhapuri chappal is the cultural symbol of Maharashtra," the plea filed by six Pune-based lawyers said.

Kolhapuri imitation

It sought directions restraining Prada from commercialising and using its 'toe-ring sandals' without authorisation, and for the luxury fashion group to issue a public apology and acknowledge the use of Kolhapuri chappals.

It 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 artisans.

The petitioners sought a direction to the authorities to protect the rights of the community and ensure compensation for its members.

Also Read: ‘Chappal chor’ Prada admits Kolhapuri ‘influence’ in Rs 1.2-lakh sandals

Injunction request dismissed

“The court shall also order a permanent injunction against Prada's unauthorised GI use and to compensate the artisans' community for reputational and economic damages," the petition had said.

The bench questioned how an injunction can be granted in a PIL and said the affected party can file a suit if they wish to.

“Infringement 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.

Prada argued that a GI tag was a trademark and opposed the PIL filed by the advocates.

(With inputs from agencies)