Delhi High Court declares Hermès’ Birkin shape and three other marks as well-known Trademarks

The Delhi High Court has formally recognised four trademarks owned by French luxury house Hermès — including the iconic three-dimensional Birkin bag shape — as well-known marks under Section 11(6) of the Trade Marks Act, 1999. The ruling came in a trademark infringement suit filed by Hermès International and its affiliate against Macky Lifestyle Pvt Ltd, as reported by Bar and Bench.

Justice Tejas Karia, presiding over the matter, held that Hermès’ trademarks had achieved deep public recognition and longstanding goodwill among consumers acquainted with the global fashion industry. The Court noted that the brand’s extensive commercial presence, decades of consistent use of its marks and significant promotional investment justified their elevation to well-known status.

“The Plaintiffs’ long-standing reputation and consistent use of the Subject Marks across jurisdictions establishes a continuous and significant commercial presence,” the Court said, adding that material placed on record demonstrated decades of visibility and promotional activity for the Birkin bag and other Hermès identifiers, as reported by Bar and Bench.

Background of the Case

Hermès initiated proceedings against Macky Lifestyle for allegedly manufacturing and advertising counterfeit Hermès products. Alongside its infringement claim, the luxury brand also requested that four of its trademark — including the Birkin’s three-dimensional configuration — be declared well-known.

To substantiate its claim, Hermès submitted documentation detailing its brand history, from the adoption of the HERMÈS word mark in 1837 to the introduction of the carriage-with-horse emblem in 1938 and the launch of the Birkin bag shape in 1984. The company also furnished Indian trademark registrations dating back to 1942, global filings, historical promotional material and evidence of enforcement actions in several jurisdictions.

Defendants’ Response

Macky Lifestyle Pvt Ltd and its director informed the Court that they had neither produced nor sold any infringing Birkin-style handbags, had generated no revenue and had already wound up their operations. Images resembling Hermès bags, they claimed, were simply downloaded online and used as references. Hermès accepted these statements, and the defendants did not oppose the luxury brand’s request for well-known trademark recognition.

Court’s Evaluation Under Section 11(6)

Justice Karia assessed Hermès’ marks against each statutory criterion for determining whether a trademark qualifies as “well-known”:

Public Knowledge and Recognition

Hermès operates boutiques in Mumbai and Delhi, publicly displays its Birkin bags and is widely covered by major publications including The Economic Times and Harper’s Bazaar.

Duration, Extent and Geographical Use

The Court acknowledged Hermès’ commercial legacy dating back to 1837, the adoption of the carriage logo in 1938 and the creation of the Birkin shape in 1984.

Promotion and Advertising

Evidence showed substantial worldwide promotional expenditure, global digital visibility and continuous media coverage.

Trademark Registrations in India and Overseas

The brand’s applications included the Birkin 3D shape-mark filing in India on 29 July 2008, as well as registrations in countries such as the United States, Canada, Switzerland and Germany.

Enforcement History

Hermès’ record of stringent trademark protection was taken into account, including several injunctions in India and abroad. The Birkin shape has also been recognised as well-known by the French Federation of Leather and Travel Case Makers and cited in an International Trademark Association (INTA) Bulletin, as per Bar and Bench report.

After examining all statutory factors, Justice Karia declared the Birkin 3D configuration, the HERMÈS/Hermès word mark and two stylised device marks as well-known trademarks. The Court also issued a permanent injunction restraining the defendants from using any of these marks.

Hermès was represented by Advocates Pravin Anand, Tusha Malhotra and Sugandha Yadav of Anand & Anand. Macky Lifestyle was represented by Advocates Amit Gaurav Singh and Abhishek Yadav.