Delhi High Court Disposes Hermès Suit After Seller Undertakes To Stop Selling Birkin, Picotin Replica

The Delhi High Court on 2 November disposed of a trademark infringement suit filed by French luxury fashion house Hermès against Delhi-based Eziere Technologies Private Limited, after the latter undertook to stop selling alleged replicas of the former's products, including its iconic Birkin and Picotin bags.

A Bench of Justice Vikas Mahajan accepted the undertakings given by Eziere Technologies and decreed the suit in terms of specified reliefs sought by Hermès. The luxury fashion house agreed not to press its claim for damages.

The suit concerned alleged unauthorised replicas and lookalikes of Hermès' BIRKIN, PICOTIN and BOLIDE bags, H ORAN sandals, ORAN Nano and RODEO bag charms, and silk ribbons. Hermès had alleged trademark infringement, passing off, dilution and tarnishment of its registered trademarks and designs.

During an earlier hearing, Eziere Technologies informed the Court that it had removed images of the allegedly infringing products from its Instagram account and website.

Under an undertaking dated 31 October, Eziere Technologies agreed to stop dealing in the disputed products, remove the offending listings and refrain from infringing Hermès' registered trademarks or passing off its goods as those of the luxury fashion house.

Eziere Technologies also acknowledged Hermès' proprietary rights in the trademarks and products in question, including the registered BIRKIN bag shape, H device marks, H ORAN, PICOTIN and BOLIDE bags, KELLY bags, RODEO bag charms and silk ribbons.

On instructions, counsel for Eziere Technologies informed the Court that the disputed goods had been purchased through Alibaba.com. Eziere Technologies also undertook to hand over the eight remaining damaged units of the products to Hermès' counsel.

The Bench accepted the undertakings and recorded that any breach would expose Eziere Technologies to contempt proceedings.

Accordingly, the High Court decreed the suit in terms of the specified prayers, while Hermès gave up its remaining claims, including damages.