In H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands
Pvt. Ltd. & Ors/ IA-7259/2016 (May 31, 2018), the High Court of
Delhi, issued a permanent injunction against the defendants HM
Megabrands Pvt. Ltd & Ors., confirming that prior adoption of a
mark overseas can be superior to prior use of the mark in
India.
The plaintiffs own the trademark H&M, a brand that is
popular worldwide. The first registration for the mark H&M was
in the year 1985 in the United Kingdom. The plaintiffs registered
the mark in India in 2005. The defendants began marketing garments
under the brand "HM Megabrands" in India in 2011 and
applied for registration of HM MEGABRANDS on April 11, 2014.
The plaintiffs filed a suit against HM Megabrands for trademark
infringement and passing off. The defendants contended that their
adoption of the mark was honest and based on the initials of the
names of its directors. Further, the defendants contended that,
when they adopted the trademark HM MEGABRANDS
