Birkin bag, Hermes' trademarks 'well-known marks' in India: Delhi HC

Justice Tejas Karia, in his order, recognised the 'Hermes' mark, its stylised logos and the distinctive three-dimensional shape of the Birkin handbag as well-known trademarks in India

Four trademarks owned by French luxury brand Hermès — the distinctive three-dimensional (3D) shape of the iconic Birkin bag, the Hermès word mark, and two stylised logos associated with the brand — have been recognised as “well-known marks” in India by the Delhi High Court on Monday. The order copy was made available late on Monday night.

 

Justice Tejas Karia passed the order in a trademark infringement and passing-off suit filed by Hermès International against Indian firm Macky Lifestyle Private Limited. The Paris-based brand had accused the company of advertising lookalike handbags online without authorisation.

 

The Indian company, in response, had submitted an affidavit, stating that it had neither manufactured nor sold any products resembling Hermès’ designs, and had already wound up its business operations.

 

 

Following this assurance, the court proceeded to examine Hermès’ request to have its marks formally recognised as well-known under the Trade Marks Act, 1999.

 

To substantiate its claim, Hermès presented extensive documentation, including trademark registrations across multiple jurisdictions, evidence of consistent brand enforcement, and global recognition of the Birkin bag’s design in high-fashion publications.

 

The material averred that the Birkin bag’s shape has acquired distinctiveness and international reputation through decades of exclusive association with Hermès.

 

After reviewing the evidence, Justice Karia noted that Hermès’ marks have been recognised by industry groups abroad, along with how the brand has consistently protected its rights in India and other countries, shows that these marks are unique and well-known.

 

"The plaintiffs’(Hermès’) long-standing reputation and consistent use of the subject marks across jurisdictions establish a continuous and significant commercial presence. The documents on record also indicate that the subject marks have been used and promoted for several decades, supported by considerable promotional expenditure and consistent visibility in the fashion industry worldwide," the order said.

 

On that basis, the court ruled that the Birkin bag’s 3D configuration, the word mark “Hermès”, and its stylised forms meet the statutory test under Section 2(1)(zg) of the Trade Marks Act to be declared well-known trademarks in India.