The
Bombay High Court dismissed a public interest litigation (PIL) against fashion
brand Prada on Wednesday for its alleged unauthorised use of Kolhapuri chappals.
A
bench of Chief Justice Alok Aradhe and Justice Sandeep Marne questioned the
legal standing and statutory right of the five advocates who filed the PIL,
arguing that they were neither affected by the issue directly nor the
registered proprietors or owners of the footwear.
The
court noted, “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 plea filed by five advocates
states that the famous Kolhapuri chappal is
protected as a Geographical Indication (GI) under the Geographical Indications
of Goods (Registration and Protection) Act. The Bombay High Court then informed
the advocates that the registered proprietor of the GI Tag can come to court
and seek an action.
Dismissing the plea, the Bombay High Court said that it would
pass a detailed order later.
Prada, an Italian fashion house, showcased their
toe-ring sandals as part of their summer/spring collection. The toe-ring
sandals are similar to the famous Kolhapuri chappals and have been priced at ?1.2 lakh per pair.
Another PIL was filed earlier in July by
Intellectual Property Rights advocate Ganesh S Hingmire, alleging that the
footwear showcased in Milan Fashion week constituted cultural misappropriation
and unauthorised use of a GI-tagged product. The PIL mentioned, “The Kolhapuri chappal is the cultural symbol of Maharashtra and has special public
sentiments attached with it. The brand has privately accepted that its
collection is ‘inspired by Indian artisans’, however, this acknowledgement
surfaced only after facing widespread backlash... The brand has not yet issued
any formal apology along with any damages, compensation, and entitled remedy,
and the statement appears to be merely a superficial attempt to deflect
criticism.”
Soon after facing backlash online, Prada issued a
statement, acknowledging that the collection of their toe-ring leather sandals
was inspired by Indian artisans.