Trademark Showdown: Lacoste and Crocodile International Face Off in the Philippines and India

Trademark disputes can be long and complicated. The recent cases between Lacoste and Crocodile International show how different courts handle similar issues in different ways. Let’s look at these two cases to understand what happened and what it means for trademark law.

Philippines: Crocodile Wins After 20 Years

In the Philippines, Crocodile International has won a trademark battle against Lacoste that lasted 20 years.

The Case

Lacoste, famous for its right-facing crocodile logo, challenged Crocodile International’s left-facing crocodile logo. Lacoste argued that the two logos were too similar and could confuse customers. Lacoste has been in the Philippines since 1963, but in 2009, the IPO-BLA, then the IPO-Director General, and later the Court of Appeals in 2015, sided with Crocodile International.

Court Decision

On August 30, 2024, the Philippine Supreme Court agreed with the lower courts. The court found that Crocodile’s logo was different enough from Lacoste’s to avoid confusion. Crocodile International also pointed out that their logo is different in other markets like Japan and South Korea, where they coexist peacefully with Lacoste.

India: Lacoste Wins After 23 Years

In a different case, the Delhi High Court recently ruled in favor of Lacoste, ending a 23-year legal battle with Crocodile International in India.

The Case

Lacoste sued Crocodile International in 2001, saying that its logo was too similar to Lacoste’s. Lacoste, with its crocodile logo since 1927, claimed that the Crocodile’s logo was an infringement. Crocodile International argued that it had rights through a 1952 registration and a 1983 agreement, but Lacoste argued that it had prior rights in India.

Court Decision

On August 14, 2024, the Delhi High Court agreed with Lacoste. The court found that Crocodile’s logo was too similar to Lacoste’s and that the 1983 agreement did not cover India. The court also rejected Crocodile’s copyright claims due to minor design differences.

Conclusion

These cases show how trademark disputes can be resolved differently in various jurisdictions,

  1. In the Philippines, Crocodile International won by demonstrating that its logo was distinct enough from Lacoste’s, even with years of legal contention.
  2. In India, Lacoste succeeded by proving that Crocodile’s logo was too similar and that previous agreements did not cover the Indian market.

These cases show how trademark disputes can turn out differently depending on the jurisdiction. While Lacoste lost in the Philippines, it won in India. The key lesson is that trademarks must be distinctive and well-protected, and understanding local laws is crucial for effective brand protection in different markets.

Sources

World Trademark Review. (2024, September 17). Lacoste wins long-standing trademark infringement battle. Retrieved from https://www.worldtrademarkreview.com/article/lacoste-wins-long-standing-trademark-infringement-battle-the-delhi-high-court

Insider Retail. (2024, September 17). Which is which? Lacoste loses 20-year trademark battle with Crocodile. Retrieved from https://insideretail.asia/2024/09/17/which-is-which-lacoste-loses-20-year-trademark-battle-with-crocodile/

Disclaimer: The image used is for illustrative purposes only and is not affiliated with or representative of any actual brands, companies, or trademarks

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