Delhi High Court Recognizes Peter England As A Well-Known Trademark
Delhi High Court Recognizes Peter England As A Well-Known Trademark
The Delhi High Court recently declared the menswear brand 'Peter England' as a well-known mark in a trademark infringement case.
Justice Mini Pushkarna, in her judgment, noted that 'Peter England' is a distinctive and widely recognized brand across India, with over 380 outlets in more than 180 cities nationwide. The Court highlighted that the brand's sales have consistently been in the crores since 2010, demonstrating its extensive reach, duration, and geographical presence.
In its ruling, the Court acknowledged the significant growth and numerous awards won by the brand over the years. These factors, along with the widespread recognition of the 'Peter England' trademark, led to the conclusion that it met all legal criteria to be declared a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.
The Court stated that 'Peter England' has become distinctive, associating with Aditya Birla Fashion and Retail Ltd. and its products. It emphasized that the public, trade, and industry at large identify the brand exclusively with Aditya Birla. Therefore, the Court declared 'Peter England' as a well-known mark.
This decision came after Aditya Birla Fashion and Retail Ltd. filed a trademark infringement suit against Friends Inc. and other defendants, accusing them of using the 'Peter England' name unlawfully. In July 2024, the Court had granted interim relief, restraining the defendants from using the 'Peter England' mark on their signboards or invoices. Following this, the defendants' counsel confirmed they no longer used the 'Peter England' name.
Aditya Birla Fashion and Retail Ltd. also provided evidence that 'Peter England' was first introduced in India in 1997, after being created in 1889 by Carrington Viyella Garments Ltd. in England. The brand was acquired by the Aditya Birla Group in 2000, which now owns the trademark in multiple classes. The company further highlighted the brand's endorsement by prominent celebrities, including actor Ayushmann Khurrana and players from the Chennai Super Kings cricket team.
The brand was represented by Khaitan & Co, Partner Ankur Sangal, Principal Associate Ankit Arvind, and Senior Associate Shashwat Rakshit leading the legal proceedings.
