Delhi High Court Grants Aditya Birla Fashion Interim Injunction Against Trademark Infringement
Delhi High Court Grants Aditya Birla Fashion Interim Injunction Against Trademark Infringement
In a suit filed by Aditya Birla Fashion and Retail Ltd. seeking a permanent injunction to prevent trademark infringement, copyright violation, passing off, unfair trade practices, and other related issues, the Delhi High Court has ruled in favor of Aditya Birla Fashion.
Justice Mini Pushkarna held that Aditya Birla Fashion had established a prima facie case, leading to an order restraining the defendants from using the 'Peter England' trademark both on their shop signage and in their business documents.
Aditya Birla Fashion filed the suit to stop the defendants from using the 'Peter England' trademark on a signboard outside their shop for products and services identical to those of Aditya Birla Fashion. The plaintiff argued that 'Peter England' is one of the top clothing brands and a rapidly growing premium fashion and lifestyle company in India. They highlighted that 'Peter England' offers clothing and accessories of unmatched value and is a registered trademark in various classes since 1995, with registrations being legal, valid, and subsisting. The plaintiff also noted that the trademark is registered in major countries worldwide and that they have been using it artistically as an original work.
In December 2023, Aditya Birla Fashion discovered that the defendants had a store in Khanpur, Delhi, displaying the 'Peter England' trademark on their signboard. The plaintiff claimed that this was a deliberate attempt by the defendants to confuse customers and mislead them into believing that the store was an authorized outlet of Aditya Birla Fashion.
The Court found that Aditya Birla Fashion had made a strong preliminary case and that the balance of convenience favored the plaintiff. The Court concluded that without an interim order, Aditya Birla Fashion would likely suffer irreparable harm. Consequently, the Court restrained the defendants from using the 'Peter England' trademark on their shop signboard and in any business documents.
