There is no bag as renowned and iconic as the Birkin bag by Hermes. It was created by Jean-Louis Dumas, then-CEO of Hermès, for the British actress Jane Birkin. In a watershed moment, the Delhi High Court has recognised the bag’s well-recognised shape and logo as “well-known marks” in India.
Well-known marks are trademarks that have achieved significant recognition and reputation and are easily associated with their owner and logo by a substantial segment of the public. Unlike ordinary trademarks, they are protected across different classes of goods and services, and their protection can extend even without formal registration.
So now, four trademarks owned by the French luxury brand – the 3D shape of the iconic Birkin bag, the Hermès word mark,
and two stylised logos associated with the brand – have been formally recognised in India.
On Monday, Justice Tejas Karia of the Delhi HC passed the order in a trademark infringement suit filed by Hermès International against an Indian firm, Macky Lifestyle Private Limited. The Paris-based brand had accused the company of advertising lookalike handbags online without authorisation.
In response, the company submitted an affidavit and stated that they hadn’t manufactured nor sold any products resembling Hermès’ designs. They went on to say that they had also wound up their business operations already.
The High Court then went on to examine Hermès’ request to have its marks formally recognised as ‘well-known’ under the Trade Marks Act, 1999, in India. To substantiate its claim, Hermès presented extensive evidence of the Birkin bag’s international acclaim, historic prestige, and global legal enforcement, as reported by The Legal Affair. They also stated that the Birkin bag’s shape was distinct and had gained an international reputation through decades of association with Hermès.
After reviewing the evidence, Justice Karia noted that Hermès’ marks have been recognised by industry groups abroad, and the way the brand has consistently protected its rights in India and other countries shows that these marks are unique and well-known.
“The plaintiffs’ (Hermès’) long-standing reputation and consistent use of the subject marks across jurisdictions establish a continuous and significant commercial presence. The documents on record also indicate that the subject marks have been used and promoted for several decades, supported by considerable promotional expenditure and consistent visibility in the fashion industry worldwide,” the order said.
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