The Plaintiffs filed a suit seeking permanent injunction against the Defendants for using the mark PETER ENGLAND. According to the Plaintiff, the Defendants’ use of the mark on their signboards, invoices, and business materials was misleading and likely to confuse consumers. On July 12, 2024, the Court granted an injunction in favour of the Plaintiffs restraining the Defendants from using the mark. The Defendants also submitted an affidavit confirming they had removed the infringing material and stopped using the mark. In addition to the relief of injunction, the Plaintiff had also prayed for recognition of PETER ENGLAND as a well-known mark. Thus, the Court held that due to the extensive promotion and the Plaintiff’s wide retail presence, the PETER ENGLAND mark has gained substantial consumer recognition. As a result, the Court declared PETER ENGLAND as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999.
Source: Aditya Birla Fashion and Retail Ltd. v. Friends Inc. [2025 SCC OnLine Del 634]