The Bombay High Court on Wednesday dismissed a Public Interest Litigation (PIL) filed by six Pune-based lawyers against luxury fashion brand Prada, which accused the Italian label of copying the design of Kolhapuri chappals in its latest collection.
The court questioned the petitioners’ legal standing, noting that they were neither registered owners of the Geographical Indication (GI) rights for Kolhapuri chappals nor directly affected by the alleged infringement.
“What is your statutory right?” asked a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne.
“You are not the owner of this Kolhapuri chappal. What is your locus and what is the public interest?”
The PIL argued that Prada’s toe-ring sandals, showcased in its Spring/Summer collection and priced at ₹1 lakh per pair, are deceptively similar to traditional Kolhapuri sandals, which are a protected GI product under Indian law.
The petition claimed this was a case of unauthorised commercial use and demanded:
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A public apology from Prada
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Compensation for Indian artisans
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A permanent injunction restraining Prada from marketing or selling the footwear without approval
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An inquiry into the alleged GI violation
It also cited that Kolhapuri chappals are a cultural symbol of Maharashtra, with artisans depending on their craft for livelihood.
What the Court Said
The High Court ruled that only the registered proprietor of the GI tag, or an aggrieved party, can initiate legal action for infringement.
It stated that PIL is not the appropriate legal route for such claims, which require detailed evidence and must be handled through civil suits.
“Infringement action cannot be decided in a PIL. It has to be in a suit by the aggrieved person,” the court observed.
Senior advocate Ravi Kadam, appearing for Prada, maintained that GI rights function like trademarks and reiterated that the PIL lacked legal grounds.
The court said it would issue a detailed order later.
Background on GI & Kolhapuri Chappals
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Kolhapuri chappals received GI status in 2019, jointly registered by Maharashtra and Karnataka artisans.
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The GI tag ensures authenticity and protection against imitation, but only the registered proprietors or authorised users can file infringement suits.
