The Delhi High Court has declared Hermes International’s Logo “H” to be a well-known trademark under section 2(1)(zg) of the Trade Marks Act, 1999.
The court noted that the situation justified declaring the mark to be a well-known trade mark by meeting the requirements outlined in sections 11(6) and (7) of the Act.
Justice C Hari Shankar was hearing a suit filed by Hermes International against Crimzon Fashion Accessories Private Limited alleging trademark infringement on a variety of luxury footwear.
It was the plaintiff’s case that the luxury brand was granted international registration of the mark in 1997, which has become a style icon and is considered a fashion classic.
On December 23, 2022, the court issued a ruling in favour of Hermes International, permanently entreating the defendant organisation from using the mark and ordering it to remove the offending listings from its website. The prayer to make the letter “H” a well-known mark, though, was not approved.
During the hearing on February 8, the counsel appearing for Hermes referred to various material placed on record to demonstrate that the criteria for a well-known trademark are met in the case.
“Given the volume and nature of material placed on record, to which I have already adverted hereinabove, I am satisfied that the criteria enumerated in section 11(6) of the Trade Marks Act, read with Section 11(7), stand satisfied in the present case, so as to justify declaration of the mark as a well-known trade mark within the meaning of Section 2(1)(zg) of the Trade Marks Act 1999. It is declared accordingly. Accordingly, prayer (e) in the plaint also stands decreed,” the court stated.
