Delhi High Court Declares Hermes International’s ‘H’ Mark As Well-Known Trademark

The Delhi High Court has declared the stylized mark - “H” -  of Hermes International, a french luxury brand, as a well-known trademark within the meaning of section 2(1)(zg) of the Trade Marks Act, 1999.

Justice C Hari Shankar observed that the criteria mentioned under section 11 (6) and (7) of the Act was satisfied in the matter to justify declaration of the mark as a well-known trade mark.

The court was hearing a suit filed by Hermes International against Crimzon Fashion Accessories Private Limited alleging infringement of its mark, which is used by it for a range of luxury footwear.

It was the plaintiff’s case that the luxury brand has been granted international registration of the mark which has become a style icon and is treated as a fashion classic since the year 1997.

On December 23, 2022, the court decreed the suit in favour of Hermes International and permanently injuncted the defendant entity from using the mark and directed it to take down the infringing listings from its website. However, the prayer to declare the ‘H’ mark as a well-known mark was not decided.

During the hearing on February 8, the counsel appearing for Hermes referred to various material placed on record to indicate that the criteria with respect to well known trademark stands satisfied in the matter.

“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 said.

Advocates Pravin Anand, Tusha Malhotra and Richa Bhargava appeared for plaintiff. Advocates Sidhant Goel, Ahhishek Kotnala and Deepankar Mishra appeared for defendant.

Title: HERMES INTERNATIONAL & ANR. v. CRIMZON FASHION ACCESSORIES PRIVATE LIMITED

Citation: 2023 LiveLaw (Del) 148

Click Here To Read Order