The Delhi High Court recently declared menswear brand 'Peter England' a well-known mark [Aditya Birla Fashion and Retail Ltd. v. Friends Inc and ors.].Justice Mini Pushkarna observed that 'Peter England' is a distinctive brand that customers across India recognise, with around 380 outlets in over 180 cities across the country. .The sales of Peter England products have been in crores since 2010, and that “the duration, extent and geographical area” in which such products are sold were immense, the Court said.Among other factors, the Court also found that the brand has had immense growth over the years and won several awards.The Court concluded that the Peter England trademark satisfied all the legal requirements to be declared as a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.“It is manifest that the plaintiff’s (Aditya Birla Fashion and Retail) trademark ‘PETER ENGLAND’ has become distinctive and has acquired secondary significance with respect to the plaintiff and plaintiff’s goods and business. The purchasing public, the trade and industry at large identify and distinguish the plaintiff’s goods under the trademark ‘PETER ENGLAND’ with the plaintiff and from the plaintiff’s source and origin alone … This Court is of the view that the mark of the plaintiff, ‘PETER ENGLAND’ is entitled to be declared as a ‘Well-Known’ mark. Accordingly, it is so declared,” the Court held..The Court delivered the verdict on a trademark infringement suit filed by Aditya Birla Fashion and Retail Limited - which owns the Peter England trademark - against an entity (defendants) found to be using the 'Peter England' mark.The Court had earlier granted interim relief to Aditya Birla in July 2024, when it restrained Friends Inc. and its representatives (defendants) from using ‘Peter England’ on its signboard or invoices. The defendants’ counsel later confirmed that they were not using the ‘Peter England’ name on any of their material..Aditya Birla, meanwhile, also urged the Court to declare to their brand 'Peter England' a well-known mark. Its counsel informed the Court that 'Peter England' was created over a century ago, in 1889 by Carrington Viyella Garments Limited, England, which introduced the brand in India in 1997. The brand was acquired by the Aditya Birla group in 2000, which presently owns the 'Peter England' trademark in different classes. Aditya Birla argued that 'Peter England' is eligible to be declared a well-known mark. It also pointed out that several prominent celebrities have endorsed the 'Peter England' brand, including Ayushman Khurrana, players of the Chennai Super Kings Cricket Team etc.The Court found merit in Aditya Birla’s submissions and proceeded to declare 'Peter England' a well-known mark..Peter England was represented by Khaitan & Co partner Ankur Sangal, along with his team comprising principal associate Ankit Arvind and senior associate Shashwat Rakshit.The defendants were represented by advocate Sonia Bemera..[Read Judgment]
