Kolhapuri chappal row: HC dismisses PIL against Prada; questions petitioners' right to sue
Mumbai (PTI): 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).
A 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 footwear.
“What is your (petitioners') statutory right?” HC asked.
"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 espouse their own action.
The court dismissed the plea and said it would pass a detailed order later.
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 bench also 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.
Senior counsel Ravi Kadam, appearing for Prada, argued that a GI tag was a trademark and opposed the PIL filed by the advocates.
The petition filed earlier this month had sought compensation to be paid to Indian artisans over the alleged copying of their design.
"The Kolhapuri chappal is the cultural symbol of Maharashtra," the plea filed by six Pune-based lawyers said.
The petition was filed against the Prada Group and various Maharashtra government authorities.
It sought direction 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.
“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.
It also sought an inquiry against Prada for violating the rights of GI-registered proprietors and the artisans' community.
By 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 sandals.
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 private acknowledgement appears to be merely a superficial attempt to deflect criticism," the PIL said.
The petitioners sought a direction to the authorities to protect the rights of the community and ensure compensation for its members.
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Unruly scenes witnessed in Punjab Assembly
Chandigarh (PTI): The Punjab Assembly on Friday witnessed high drama on Friday after Congress MLA Sukhpal Singh Khaira made an allegedly objectionable remark against Chief Minister Bhagwant Mann during an intense argument over the alleged use of mobile phone in the house by the legislator.
During the one-day special session of the Punjab Vidhan Sabha here, Mann accused Khaira of using a mobile phone when Speaker Kultar Singh Sandhwan was reading out an official resolution on the revision of wages.
After rising from his seat, the chief minister pointed to the speaker, claiming that Khaira is busy on his mobile phone and urged him to ask the Congress MLA what Sandhwan had said about the resolution.
The speaker then asked Khaira to maintain order in the house and listen to the resolution carefully.
Mann then asked Khaira, "Why don't you go out and then use it (mobile phone)," which led to a strong verbal altercation during which the opposition MLA hurled an accusation against the chief minister. Meanwhile, the speaker appealed for order and insisted that the chair be addressed.
However, both Mann and Khaira continued arguing and could be seen pointing fingers at each other as the proceedings of the house were disrupted.
The AAP MLAs also rose from their seats with Finance Minister Harpal Singh Cheema condemning Khaira for his conduct and demanded action against him.
Cheema further alleged that Khaira "always tries to disturb the house" as he spoke about his conduct in the assembly.
The incident occurred as an official resolution on the revision of wages was presented at the special session by Labour Minister Tarunpreet Singh Sond who said it paid homage to labourers on the International Workers' Day.
"Workers are the axis of construction of the nation, the community, the state and society. Every construction project succeeds only through their blood and sweat," the resolution read.
As per the resolution, "The base rate of minimum wages for the working class in Punjab was last revised in the year 2012. Although the dearness allowance has continued to increase since 2012, there has been no increase in the base rate of minimum wages.
On this sacred occasion of May Day, in this special session of the legislative assembly, this house proposes to revise and increase the minimum wages of labourers and strongly recommends to the government to take a decision regarding the increase of minimum wages for workers, so that the contributions of the workers can be acknowledged." PRK
