Delhi High Court Declares 'Peter England' As Well Known Trademark, Says Public Figures Regularly Acted As Brand Ambassadors

The Delhi High Court has declared “Peter England”, an international menswear brand, as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999.

“…. this Court is of the view that the mark of the plaintiff, “PETER ENGLAND” is entitled to be declared as a “Well-Known” mark. Accordingly, it is so declared,” Justice Mini Pushkarna said.

The Court noted that the brand has spent huge amount on the endorsement of its products by various actors like Ayushman Khurrana as well as players of Chennai Super Kings Cricket Team.

“The said public figures have regularly acted as the brand ambassador of the plaintiff‟s product and represented the plaintiff‟s product on various leading newspapers, journals, including, Times of India,” the Court said.

While decreeing the suit filed by Aditya Birla Fashion and Retail Limited, the company which owns Peter England brand, Justice Pushkarna noted that the trademark “PETER ENGLAND” has become distinctive and has acquired secondary significance with respect to its goods and business.

The Court said that the purchasing public, the trade and industry at large identify and distinguish the Aditya Birla Fashion's goods under the trademark “PETER ENGLAND” with the company and from its source and origin alone.

“Considering the aforesaid facts and considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trademark „PETER ENGLAND‟ has become the single source identifier of the plaintiff and its goods and services. This Court also notes the fact that the plaintiff has the sole and exclusive rights in and over the trademark „PETER ENGLAND‟, the Court said.

Further, it noted that Aditya Birla Fashion has been using its mark “PETER ENGLAND” regularly and has also asserted its right in the trademark.

The Court further noted that the brand sales turnover was of approximately Rs. 1289 Crores for the year 2023-2024 and that approximately Rs. 31 Crores were spent on advertisement promotional expenses for the year in question.

“Consequently, decree is passed in favour of the plaintiff in terms of prayer (e) of the plaint, declaring the plaintiff‟s trademark PETER ENGLAND as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999,” the Court said.

Peter England was represented by Mr Ankur Sangal, Partner, Khaitan & Co along with his team comprising Mr Ankit Arvind, Principal Associate and Mr Shashwat Rakshit, Senior Associate

Title: ADITYA BIRLA FASHION AND RETAIL LIMITED v. FRIENDS INC & ANR.

Citation: 2025 LiveLaw (Del) 151

Counsel for Plaintiff: Mr. Ankur Sangal, Mr. Ankit Arvinda and Mr. Shashwat Rakshit

Counsel for Defendant: Ms. Sonia Bemera

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