Delhi High Court Recognizes 'Birkin' and 'Hermes' as Well-Known Trade Marks

Hermes International secures legal victory against Macky Lifestyle, reinforcing global trademark protection.

In a significant victory for luxury brand Hermes International, the Delhi High Court has declared the 'Birkin' bag's three-dimensional shape mark and the 'Hermes' trademark, along with stylized marks, as well-known trade marks under the Trade Marks Act, 1999. The judgment, delivered by Justice Tejas Karia, decreed in favor of Hermes International, concluding a legal battle against Macky Lifestyle Private Limited.

The plaintiffs, Hermes International and its Indian subsidiary, sought relief against Macky Lifestyle for alleged infringement of trademarks, copyright, and passing off, among other claims. The court recognized the extensive global and national recognition of Hermes' trademarks, fulfilling the criteria under Section 11(6) of the Trade Marks Act, which includes factors like public knowledge, geographical use, and promotional efforts.

The defendants, Macky Lifestyle, in their affidavit, admitted to not earning any revenue and stated they had not manufactured or sold any infringing products. The court accepted their affidavit, noting that images used were for reference only. Subsequently, the court decreed the suit in terms of the plaintiffs' prayers, including the declaration of the Subject Marks as well-known.

Hermes' legal counsel presented evidence of the brand's longstanding market presence, promotional activities, and successful enforcement of trademark rights globally. These factors, combined with the defendants' non-objection, led to the declaration of the Subject Marks as well-known, solidifying Hermes' brand protection in India.

This ruling underscores the importance of trademark protection and the rigorous standards applied by Indian courts in recognizing well-known trademarks. The decision is a testament to Hermes' extensive brand value and the judicial system's role in upholding intellectual property rights.

Statutory provision(s): Trade Marks Act, 1999 Sections 11(6), 11(7), 2(1)(zg); Evidence Act, 1872 Section 165

Hermes International v. Macky Lifestyle Private Limited, (Delhi) : Law Finder Doc Id # 2812465