Delhi High Court Declares 'Hermès' And Its 'Birkin' Bag's 3-D Shape As Well-Known Trademarks In India

The Delhi High Court on Monday recognised the three-dimensional shape of Hermès' iconic Birkin bag, along with the “Hermès” name and its stylised logos, as well-known trademarks in India. A single bench of Justice Tejas Karia delivered the ruling on November 24, 2025, in a trademark infringement and passing-off suit filed by Hermès International, the French luxury brand, against Macky Lifestyle Pvt. Ltd., an Indian company that was accused of displaying identical bags online without authorisation. The court ruled in favour of Hermès after the Indian company stated on affidavit that it had never manufactured or sold any bags similar to those of Hermès and had already shut down its business operations.Hermès had also sought a declaration before the court that the Birkin shape and related marks be recognised as well-known trademarks under the Trade Marks Act, 1999.To support its claim, Hermès placed on record extensive material showing the Birkin bag's global reputation, including trademark registrations in multiple countries, promotional efforts and recognition in leading fashion publications. After reviewing the materials, the court observed that, “The recognition accorded to the Subject Marks by industry associations in foreign jurisdictions, evidence of consistent enforcement of the Plaintiffs' rights in the Subject Marks before the Courts in India and foreign jurisdictions reinforces the Subject Marks' distinctiveness and reputation.”Consequently, the Court held that the Birkin bag's iconic shape, the word “Hermès” and the associated stylised logos satisfy the statutory criteria for being declared well-known trademarks in India under Section 2(1)(zg) of the Trade Marks Act.Case Title: Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr.Citation: 2025 LiveLaw (Del) 1585Case Number: CS(COMM) 716/2021For Plaintiff: Advocates Pravin Anand, Tusha Malhotra and Sugandha Yadav.For Defendant: Advocates Amit Gaurav Singh and Abhishek YadavClick Here To Read/Download Order

Delhi High Court Declares 'Hermès' And Its 'Birkin' Bag's 3-D Shape As Well-Known Trademarks In India

Ayushi Shukla

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