Delhi Court protects Peter England's trademark with ‘Well-Known’ Ruling
10 February 2025, Mumbai
The Delhi High Court has officially recognized menswear brand Peter England as a ‘well-known trademark’ in India. This designation affirms the brand's widespread recognition and distinct identity across the country. Justice Mini Pushkarna presided over the trademark infringement case brought by Aditya Birla Fashion and Retail, the current owner of the Peter England brand.
The Court acknowledged Peter England's transformation into a distinctive mark, recognized by consumers nationwide. The brand boasts a substantial presence with approximately 380 outlets in over 180 cities. Furthermore, Peter England's sales have reached significant figures since 2010. Justice Pushkarna cited the brand's expansive geographical reach, consistent growth, and widespread consumer recognition as key factors contributing to its well-known status.
Peter England's recognition stems not only from its market presence but also from its substantial growth and numerous accolades. The Court determined that the brand met all the legal requirements for a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.
The Court emphasized that the brand has achieved ‘secondary significance,’ meaning consumers and the trade industry exclusively associate the trademark with Aditya Birla Fashion and Retail. Consequently, the Court declared, ‘The mark of the plaintiff, ‘Peter England’ is entitled to be declared a ‘Well-Known’ mark.
The case originated from a trademark infringement lawsuit filed by Aditya Birla against Friends Inc. and other defendants, who were found using the Peter England mark on their signboards and invoices. The Court had previously granted interim relief to Aditya Birla in July 2024, barring the defendants from using the mark. The defendants confirmed they have ceased using the mark on their materials.
Aditya Birla Fashion and Retail, which acquired the brand in 2000, argued that the brand, launched in India in 1997, has become synonymous with quality menswear. The company pointed to endorsements from celebrities, including actor Ayushmann Khurrana and the Chennai Super Kings cricket team, as evidence of its prominence.
The Court's ruling strengthens Peter England's status as a well-known mark, strengthening its protection against unauthorized use. Ankur Sangal, Partner, Khaitan & Co., along with his associates, represented Peter England in court. Advocate Sonia Bemera represented the defendants.
