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ARTICLE · 12 FEBRUARY 2019

H&M Wins Injunction Based On Prior Adoption Abroad

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., ...

IndiaIntellectual Property

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

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