Rakia Imran
On 10th February, 2025, a Single-Bench comprising Justice Mini Pushkarna of the Delhi High Court after observing the brand’s strong market presence, the Delhi High Court remarked that ‘Peter England’ has established itself as a distinctive and well-recognized name among Indian consumers, operating around 380 outlets in more than 180 cities across the country.
In its ruling, the Delhi High Court emphasized that Peter England’s sales have remained in crores since 2010, demonstrating the extensive reach and sustained presence of its products across a vast geographical area. The Court also acknowledged the brand’s significant expansion, widespread consumer recognition, and multiple industry awards. Based on these factors, the Court determined that the Peter England trademark fulfilled the legal conditions required to be recognized 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 a judgment in a trademark dispute filed by Khaitan & Co partner Ankur Sangal, along with his team comprising principal associate Ankit Arvind and senior associate Shashwat Rakshit, representing Aditya Birla Fashion and Retail Limited, the owner of the ‘Peter England’ brand, against a group of defendants, represented by Advocate Sonia Bemera, who were found infringing on the ‘Peter England’ trademark.
In an earlier order in July 2024, the Court had granted interim relief, preventing Friends Inc. and its representatives from displaying the ‘Peter England’ name on any signage or invoices. The defendants’ legal team later informed the Court that their clients had complied with the order and ceased usage of the mark.
During the case, Aditya Birla also sought the Court’s affirmation that ‘Peter England’ qualifies as a well-known mark. Their legal counsel detailed the brand’s history, explaining that it was created in 1889 by Carrington Viyella Garments Limited in England and launched in India in 1997. The Aditya Birla Group later acquired the brand in 2000 and has since secured trademark rights under multiple classifications.To support their claim, Aditya Birla highlighted that ‘Peter England’ enjoys significant public recognition, with brand endorsements from prominent figures such as Ayushmann Khurrana and the Chennai Super Kings cricket team.
Finding merit in these arguments, the Court ruled in favor of Aditya Birla and officially declared ‘Peter England’ a well-known trademark.
Case Name: Aditya Birla Fashion and Retail Ltd. v. Friends Inc and ors.
Citation: CS(COMM) 566/2024, I.A. 33082/2024 & I.A. 33087/2024
Bench: Justice Mini Pushkarna