Delhi High Court Grants Interim Injunction To Restrain Friends Inc. From Using 'PETER ENGLAND' Trademark
The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction to restrain Friends Inc., an apparel store, from using the registered trademark “PETER ENGLAND” owned by Aditya Birla Retail and Fashion Limited. It was held that Aditya Birla Retail was likely to suffer irreparable harm in case an injunction was not granted. Brief Facts: Aditya Birla...
The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction to restrain Friends Inc., an apparel store, from using the registered trademark “PETER ENGLAND” owned by Aditya Birla Retail and Fashion Limited. It was held that Aditya Birla Retail was likely to suffer irreparable harm in case an injunction was not granted.
Brief Facts:
Aditya Birla Retail and Fashion Limited (“Aditya Birla Retail”) introduced the "PETER ENGLAND" brand in 1997, which was later acquired by the Aditya Birla Group in 2000. The trademark "PETER ENGLAND" was officially assigned to Aditya Birla Retail on 21st January 2000. Aditya Birla Retail held valid and subsisting trademark registrations for "PETER ENGLAND" in India and other major countries. It also used the "PETER ENGLAND" trademark artistically and secured copyright registrations for the artistic works associated with the brand.
In December 2023, Aditya Birla Retail discovered that 'Friends Inc.' (an apparel store) was using the "PETER ENGLAND" trademark and associated artistic works on its store signboard without authorization. This unauthorized use was right next to Aditya Birla Retail's authorized "PETER ENGLAND" store. Aditya Birla Retail claimed that such dishonest use of its trademark and artistic work by Friends Inc. aimed to confuse consumers and mislead them into believing that the Friends Inc. store was an authorized franchisee of Aditya Birla Retail.
Feeling aggrieved, Aditya Birla Retail filed a suit for permanent injunction against Friends Inc., restraining it from infringing its trademark, and copyright.
Observations of the High Court:
The High Court referred to the photographs showing Aditya Birla Retail's authorized shop and the Friends Inc. shop, which displayed the unauthorized "PETER ENGLAND" signboard. Additionally, an invoice issued by Friends Inc. with the "PETER ENGLAND" mark was also presented as evidence before the High Court.
It was evident that Friends Inc. displayed the "PETER ENGLAND" board and used the mark in invoices and other business papers. Consequently, the High Court held that Aditya Birla Retail had a prima facie case against Friends Inc. Further, it was held that if the interim injunction is not granted, Aditya Birla Retail was likely to suffer irreparable harm.
Therefore, Friends Inc. was restrained from putting the signboard with the mark “PETER ENGLAND” outside its shop or using it on any invoice/business paper.
Case Title: Aditya Birla Fashion and Retail Limited vs Friends Inc. and Anr.
Citation: 2024 LiveLaw (Del) 829
Case No.: CS(COMM) 566/2024 & I.A. Nos. 33082/2024, 33083/2024, 33084/2024, 33085/2024, 33086/2024, 33087/2024
Advocates for the Plaintiff: Mr Ankur Sangal with Mr Ankit Arvind, Mr Shashwat Rakshit and Ms Nidhi Pathak
Advocate for the Defendants: None
Date of Pronouncement: 12.07.2024