H&M Hennes & Mauritz & Anr. v HM Megabrands Pvt. Ltd.
[(2018) 251 DLT 651, (2018) 74 PTC 229]
Coram: Hon’ble Justice Rajiv Sahai Endlaw
Forum: Hon’ble Delhi High Court
Case No.: IA No.7259/2016 in CS(COMM) No.707/2016
Date of Decision: May 31, 2018.

Facts:

  • H & M Hennes & Mauritz AB (Plaintiff No.1,) based in Sweden, owns the trademarks H&M. Plaintiff No.2, H & M Hennes & Mauritz Retail Pvt. Ltd., New Delhi, is an Indian subsidiary of Plaintiff No.1 and operates under the H&M brand. They are part of the H&M Group, which designs and sells fashionable clothing for all age groups.
  • H & M Hennes & Mauritz AB (Plaintiff No.1) operates over 4000 stores in 61 markets worldwide and offers goods online in 21 countries. They adopted the trademark/name "H&M" in the early 1970s and obtained the earliest registration for the mark in the United Kingdom in 1985.
  • HM Megabrands Pvt. Ltd. (Defendant No.1) and its officers/directors (Defendants No.2 to 4), had been selling garments and related products under the "HM" mark since 2011. They applied for its registration on April 11, 2014.
  • The Plaintiff sought an injunction for passing off, and infringement of their trademark along with the damages.

Main issue

Whether the Plaintiffs were entitled to claim exclusive rights to the two letters „HM‟ or „H&M‟ and whether the said letters have any trade mark significance? (Paragraph 10)