Hermes' H Logo Recognized as a Distinctive Trademark by the Delhi High Court
In a groundbreaking decision on February 8, 2023, the Delhi High Court recognized the stylized letter 'H' of Hermes International as a renowned trademark, following an order issued on December 23, 2022. The French luxury brand, renowned for its diverse commercial interests, took legal action against Crimzon Fashion Accessories Private Limited, accusing them of using the trademark on luxury footwear, alleging copyright infringement.
The court ruled in favor of Hermes, prompting Crimzon Fashion to cease using the infringing trademark and remove any associated products from their website. However, the hotly debated topic arose once more on February 8, 2023, concerning the admissibility of the 'H' logo as a renowned trademark.
The Court examined a slew of documents to demonstrate the eligibility of the 'H' logo as a renowned trademark. The court found that the term "relevant section of the public" under Sections 11(6)(i) and 11(7) of the Act specifically applies to the "fashion industry" in light of the 'H' logo. Furthermore, the evidence presented to the court was deemed sufficient to establish that the aforementioned mark is renowned in the fashion industry.
Of particular interest is not only the court's decision to recognize a stylized letter 'H' as a renowned trademark, but also Hermes' success in proving that their trademark is known within the fashion industry. This case highlights the importance of brand recognition and the role of advertising and media presence in the process of establishing a trademark as renowned.
Although specific factors contributing to the Delhi High Court's decision to declare the 'H' logo as a renowned trademark are yet to be disclosed, common criteria for such recognition include global recognition, long use and fame, distinctiveness, and extensive public awareness. With its iconic 'H' logo widely recognized in the fashion industry, Hermes undoubtedly meets some of these criteria. Gaining access to the court's judgment or related legal documents would provide a deeper insight into the case. #WellKnownTrademark #Hermes #TrademarkRights #FashionIndustry #LegalDecision #DelhiHighCourt
Hermes successfully demonstrated that their 'H' logo is renowned within the fashion industry, highlighting the significance of brand recognition and media presence in establishing a trademark. This case suggests that Hermes potentially meets the criteria for a well-known trademark, including global recognition, long use, fame, and extensive public awareness.
