Delhi HC Grants Relief To Aditya Birla Fashion In Suit For Infringement

Delhi High Court recently granted relief to Aditya Birla Fashion against the shops from unauthorisedly using their brand name “Peter England” on their billboard/ signboards, while selling their few products in the shops

Aditya Birla Fashion and Retail Limited (Aditya Birla) has filed a trade mark and copyright infringement suit before the Delhi High Court against the shops in Delhi, to restrain them from using its brand name PETER ENGLAND on their billboards/ sign boards or any other promotional material.

The bench of Justice Mini Pushkarna heard the submissions of Aditya Birla, and decided on the important question that in cases wherein the shops are selling few products of the Plaintiff, can it use the trade mark/ label of Aditya Birla outside the shop without authorisation.

The Court observed that Aditya Birla has no objection to the Defendants selling the original branded products of PETER ENGLAND, but the Defendant cannot use its trade mark in the unauthorised manner on its billboard/ sign board, or on any other business paper of the Defendants.

Accordingly, the Court granted an ad-interim injunction restraining the Defendants from placing the sign board with the mark “PETER ENGLAND” outside their shop.

Aditya Birla Fashion and Retail Limited was represented by Mr Ankur Sangal, Partner, Khaitan & Co, along with his team comprising of Mr Ankit Arvind, Principal Associate, Mr Shashwat Rakshit, Senior Associate and Ms Nidhi Pathak, Associate.