HERMES INTERNATIONAL & ANR. vs MACKY LIFESTYLE PRIVATE LIMITED & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24/11/2025 + CS(COMM) 716/2021 & I.A. 17569/2021 HERMES INTERNATIONAL & ANR. .....Plaintiffs versus MACKY LIFESTYLE PRIVATE LIMITED & ANR. .....Defendants Advocates who appeared in this case For the Plaintiffs : Mr. Pravin Anand, Ms. Tusha Malhotra and Ms. Sugandha Yadav, Advocates. For the Defendants : Mr. Amit Gaurav Singh and Mr. Abhishek Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Suit has been filed by the Plaintiffs for infringement and passing off the trade mark, infringement of copyright, passing off, dilution, tarnishment, rendition of accounts, damages, delivery up, unfair competition, misappropriation etc. against the Defendants alleging that the Defendants were allegedly found to be without any authorization manufacturing; using, advertising, offering for sale and selling identical products as that of the Plaintiffs, infringing the three dimensional shape mark of the Plaintiffs’ ‘Birkin’ Bag and the Trade Mark ‘Hermes’ and Signature Not Verified CS(COMM) 716/2021 Page 1 of 11 Signed By:SWATI MAYEE SAHU Signing Date:24.11.2025 21:01:46 stylized Marks ‘ ’ and ‘ ’, (“Subject Marks”) leading to infringement of trade marks, passing off, infringement of copyright, dilution and tarnishment of the reputation and goodwill earned by the Plaintiffs. 2. Plaintiff No. 1 is an entity incorporated under the laws of France and engaged in the business of luxury bags and accessories. Plaintiff No. 2 is a subsidiary of Plaintiff No. 1 incorporated in India, which is engaged in the business of the Plaintiffs in India. 3. Defendant No. 1 is a company incorporated under the laws of India. Defendant No. 2 is a director of Defendant No. 1. The Defendants are engage