The Delhi High Court has ruled that the distinctive three-dimensional shape of the Hermès Birkin handbag, along with the name “Hermès” and its stylised logos, qualify as well-known trademarks under Indian law. The decision followed a suit brought by Hermès International against a company accused of selling lookalike bags online without authorization.
In its judgment, the Court considered substantial evidence of Hermès’ global reputation, including decades of consistent design use, widespread advertising, and recognition in the luxury fashion industry. The Court observed that Hermès has marketed its Birkin bag worldwide since the 1980s, and that its iconic shape and signature branding are deeply associated with the brand’s identity among discerning consumers.
Applying the statutory criteria for well-known marks, the Court examined how well the Birkin shape and Hermès logos are known to the relevant public, the long-standing and widespread use of the marks, the scale and reach of their promotion, and Hermès’ active enforcement of its rights. Based on this analysis, the Court found a strong case to recognize these features as well-known within the meaning of the Trade Marks Act.
Because of this well-known status, the Court granted a permanent injunction restraining the defendant from manufacturing, advertising, or selling handbags that replicate or closely imitate the Birkin shape or feature deceptive similarities with Hermès’ registered marks. The ruling underscores that distinctive product designs, beyond just logos or brand names, can achieve strong protection in India when they are widely identifiable and associated with a particular source.
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