Delhi High Court declares Birkin bag shape and three other Hermès marks as well-known trademarks
Court confers “well-known” status under Trade Marks Act on globally recognized luxury marks
The Delhi High Court has declared four Hermès trademarks—including the iconic three-dimensional shape of the Birkin bag, the Hermès word mark, and two stylised versions of the brand’s mark—as “well-known trademarks” under Section 11(6) of the Trade Marks Act, 1999. Justice Tejas Karia made the declaration after finding overwhelming evidence of Hermès’ long-standing global reputation, substantial promotional expenditure, and consistent use of the marks across jurisdictions, including stores in Mumbai and Delhi.
The decision came in a trademark infringement suit brought by Hermès against Macky Lifestyle over the alleged sale and advertising of fake Hermès goods. Hermès submitted records showcasing its brand evolution, global and Indian trademark registrations, historical promotional activities, and enforcement actions in India and abroad.
The Court found Hermès met all requirements for “well-known” status—demonstrated by public recognition, strong commercial lineage, vigorous brand protection, and global advertising presence. No objection was raised by the defendants, who also affirmed they had ceased all allegedly infringing activity.
The court’s ruling prohibits Macky Lifestyle from using the marks and sets a significant precedent for the legal protection of luxury brands in India.