The Delhi High Court, vide its decision on 08 February 2023, declared the stylized letter ‘H’ of Hermes International as a ‘Well-known trademark’ within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.
Hermes International, a French luxury brand with varied commercial interests, filed a petition before the Delhi High Court, basing use of its trademark for a range of luxury footwear, alleging infringement of its trademark by one Crimzon Fashion Accessories Private Limited. The suit was decreed in favour of Hermes vide Order dated 23 December 2022 and consequently, the defendant was permanently injuncted from using the infringing trademark and directed to take out listings of its infringing products from its website.
The matter was taken up once again on 08 February 2023 to decide admissibility of the ‘H’ logo as a ‘well-known’ trademark. The Court was taken through various documents to indicate that the mark is eligible to be declared as a ‘well-known’ trademark.
What makes this order interesting is not only recognition of a stylized letter ‘H’ as a well-known trademark, but also because the plaintiff has been able to successfully establish that the phrase ‘relevant section of the public’ under Sections 11(6)(i) and 11(7) of the Act refer specifically to ‘fashion industry’ in respect of ‘H’ logo and that the material placed before the court was sufficient to establish that the aforesaid mark is well-known in the fashion industry.
Authors: Rommel Pandit & Ruchi Singh