In a landmark judgment that strengthens intellectual property rights for luxury brands in India, the Delhi High Court has officially recognized Hermès International and the three-dimensional shape of its iconic Birkin bag as 'well-known trademarks'. This significant ruling provides unprecedented legal protection against imitation and counterfeit products in the Indian market.
The Legal Battle That Led to the Ruling
The court's decision came after Justice Tejas Karia presided over a trademark infringement case filed by the French luxury giant Hermès International and its Indian subsidiary against Macky Lifestyle Private Limited. The luxury brand accused the company of commercially using and advertising bags that were identical to the famous Birkin design.
During the legal proceedings, Macky Lifestyle defended their position by stating they had already closed their business operations and hadn't generated any revenue from manufacturing or selling Birkin lookalikes. The company claimed they had only used images downloaded from the internet as references for their products.
What 'Well-Known Trademark' Status Means
Following the resolution of the infringement dispute, Hermès successfully petitioned the court to grant it the elevated status of 'well-known trademarks' in India. This designation, awarded in November 2025, covers not just the name 'Hermès' but also the three-dimensional shape of the Birkin bag and the brand's stylised logos.
Dr Farrukh Khan, advocate and partner of Diwan Advocates, emphasized that this decision marks an important moment for trademark law in India. The ruling acknowledges the distinctive legal status that well-known trademarks enjoy under Indian law, offering protection that extends beyond ordinary trademarks.
Broader Implications for Brand Protection
Ankit Sahni, Partner at Ajay Sahni & Associates, explained that well-known trademarks receive comprehensive protection across different classes of goods and services. This includes safeguards against dilution or unfair use, even in non-competing categories. The protection applies regardless of whether the infringing party uses the brand name or just replicates the product shape.
The legal expert further clarified that once a mark is declared well-known under the Trade Marks Act, 1999, specifically under Section 11(6) read with Section 2(1)(zg), there is effectively no time limitation on its protection. The mark continues to enjoy heightened statutory protection as long as the legal requirements under the Act are met.
Impact on Competitors and Market Practices
According to Dr Khan, the judgment sends a clear message to domestic manufacturers and businesses. The ruling demonstrates that even early-stage activities such as displaying reference images or exploring potential product lines can raise trademark concerns when dealing with brands that have established strong recognition and goodwill.
This case represents a significant shift in Indian jurisprudence regarding three-dimensional product shapes. While it's uncommon for product shapes to receive trademark protection, brands are increasingly using shape marks and trade dress protection as strategic tools to safeguard their innovation and design aesthetics.
The Delhi High Court's decision reinforces India's commitment to effective intellectual property protection and signals that Indian courts will act promptly and firmly to prevent misuse of iconic marks, thereby maintaining the credibility of the country's trademark system.
