HC recognises 'H' logo of Hermes as trademark, rules against Mumbai firm

Defendant says it would have voluntarily discontinued using logo if the French firm had asked it to

The Delhi High Court on Wednesday declared the stylised ‘H’ logo of France’s Hermès International as a trademark under the law, ruling against a Mumbai-based footwear label.

Hermès, a luxury design house, said the logo since 1997 has been a style icon. In December 2022, the company found that Crimzon Fashion Accessories Pvt Ltd sells products identical to Hermès's international trademark.

Crimzon is present on social media and third-party e-commerce websites, Hermès said. In response, Crimzon said it does not intend to use the registered trademark “H ORAN”(Hermès sandals that bear the ‘H’ logo) and would have voluntarily discontinued using it if the French firm had asked it to in cease-and-desist notice.

Justice C Hari Shankar declared the ‘H’ logo as a well-known trademark under the provisions of Section 2(z)(g) of the Trademarks Act, 1999. The court applied rules under Section 11(6) of the Act, such as knowledge and recognition of the trademark in the relevant sections of the public which includes consumers, traders, and dealers; the extent of the use as also promotional activities; and the registration record is also the record of enforcement at a national and global level.

The court said that the well-known status of a brand need not extend to the general public, but may be limited to the relevant sections of the public, which in this case was the fashion industry.

“The order will provide a tremendous fillip to the protection of well-known trademarks in an industry where online piracy is diluting, if not totally destroying such celebratory trademarks,” said Pravin Anand, Hermès International’s lawyer.

Hermès specialises in leather goods, lifestyle accessories, home furnishings, perfumery, jewellery, watches, and ready-to-wear.