‘You are not the owners?’: Bombay high court rejects PIL of ‘cultural theft’ allegation against luxury brand Prada for copying Kolhapuri chappal design
The Bombay High Court on Wednesday dismissed a petition that was filed against the famous Italian fashion brand Prada. The petition claimed that Prada had used the design of Kolhapuri chappals (traditional Indian sandals) without permission. The case was brought by five lawyers, who said Prada copied the design in their spring/summer collection and was selling sandals that look just like Kolhapuri chappals for Rs. 1 lakh per pair.
Court questions the petitioners
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne asked the petitioners why they had filed the case. The judges said, “You are not the owners of the Kolhapuri chappals. So what is your connection to the issue? What public interest are you protecting?”
The court explained that only someone who is directly affected, like the official owner or registered holder of the GI (Geographical Indication) tag for Kolhapuri chappals, has the legal right to file such a case.
What the petition said?
The petition claimed that Kolhapuri chappals are protected under the Geographical Indications Act, which means their name and design cannot be copied without permission.
But the court said that only the registered owners of the GI tag can take legal action to protect the product.
It is to be noted that the Kolhapuri Chappal, registered under Application No 169 in Class 25 (Footwear), was officially granted Geographical Indication status on May 4, 2009.
It was renewed in 2019 and is valid until 2029. The petition described it as a “handcrafted footwear, produced using traditional methods passed down over generations in the region of Maharashtra.”
The petitioners said that making a pair of Kolhapuri chappals is a skilled and time-consuming craft. It usually takes about four to five weeks to complete just one pair. The process involves careful, detailed work by artisans, many of whom have been carrying forward this 800-year-old traditional art in India.
The petition also stated that Prada’s use of a similar design was not just copying, it was hurting Indian culture. It referred to Article 29(1) of the Indian Constitution, which protects the right of communities to preserve their unique cultural heritage.
The lawyers argued that Kolhapuri chappals are more than footwear as they are a symbol of Indian tradition and craftsmanship.
In addition to asking the court to stop Prada from using the design, the petition also asked for compensation. They said the global brand’s actions had caused both reputational and financial harm to the Indian artisans who create these chappals by hand.
Final Decision
The court said it would give a detailed written order later, but for now, it has dismissed the case. The judges made it clear that just being concerned citizens is not enough to file such a petition, especially when the actual product owners had not come forward.
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