A Delhi High Court Bench of Justice C Hari Shankar has held that the "H" mark of the French luxury brand Hermes International is a well-known" trademark.

Counsel Pravin Anand, among others, appeared for the plaintiffs, while Counsel Sidhant Goel, among others, appeared for the defendants.

In this case, a plea was filed by Hermes International against a brand for a trademark infringement in its line of luxury footwear. Hermes also sought for the declaration of its "H" mark as a well-known trademark.

On hearing the parties and on a perusal of the material cited, the Court observed that "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, to justify the declaration of the mark as a well-known trade mark within the meaning of Section 2(1)(zg) of the Trade Marks Act 1999."

Accordingly, the "H" mark of Hermes was declared as a well-known trademark.

Cause Title: Hermes International & Anr. v. Crimzon Fashion Accessories Private Limited

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