Delhi High Court recognizes Peter England as well-known trademark

The Court acknowledged that ‘Peter England’ has become a distinctive mark, recognized by consumers nationwide, with the brand having a strong presence through around 380 outlets spread across more than 180 cities.

By  Storyboard18Feb 10, 2025 11:47 AM
Delhi High Court recognizes Peter England as well-known trademark
Aditya Birla Fashion and Retail, which acquired the brand in 2000, argued that the brand, first introduced in India in 1997, had become synonymous with quality menswear.

The Delhi High Court has declared the menswear brand ‘Peter England’ as a well-known trademark, affirming its widespread recognition and distinct identity across India. The judgment was delivered by Justice Mini Pushkarna in the trademark infringement suit filed by Aditya Birla Fashion and Retail Ltd., the current owner of the Peter England brand.

The Court acknowledged that ‘Peter England’ has become a distinctive mark, recognized by consumers nationwide, with the brand having a strong presence through around 380 outlets spread across more than 180 cities. Additionally, the sales of Peter England products have reached several crores since 2010. Justice Pushkarna noted that the brand's vast geographical reach, sustained growth, and widespread consumer recognition were key factors in its well-known status.

“Peter England” has earned recognition not only for its market presence but also for its significant growth and numerous accolades over the years. The Court concluded that the brand fulfilled all the legal requirements to be declared a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.

The Court emphasized that the brand has acquired "secondary significance," meaning consumers and the trade industry at large associate the trademark exclusively with Aditya Birla Fashion and Retail. As a result, the Court declared, "The mark of the plaintiff, ‘PETER ENGLAND’ is entitled to be declared a ‘Well-Known’ mark."

The case stemmed from a trademark infringement lawsuit filed by Aditya Birla against Friends Inc. and other defendants, who were found using the ‘Peter England’ mark on their signboards and invoices. The Court had earlier granted interim relief to Aditya Birla in July 2024, restraining the defendants from using the mark, and the defendants confirmed that they were no longer using it on their materials.

Aditya Birla Fashion and Retail, which acquired the brand in 2000, argued that the brand, first introduced in India in 1997, had become synonymous with quality menswear. The company highlighted endorsements from several celebrities, including actor Ayushmann Khurrana and the Chennai Super Kings cricket team, as proof of its prominence.

The Court’s ruling firmly establishes Peter England as a well-known mark, further bolstering its protection against unauthorized use. Representing Peter England in court was Ankur Sangal, partner at Khaitan & Co., alongside his associates. The defendants were represented by advocate Sonia Bemera.

First Published on Feb 10, 2025 11:47 AM

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