On 24 November 2025, the Delhi High Court recognised the Birkin bag’s three dimensional shape, the Hermès word mark and the stylised marks as well-known trade marks in India. With this, the Birkin silhouette now sits among the most strongly protected trade marks in the country.
The Parties
Hermès International and its Indian subsidiary initiated proceedings. The defendants were Macky Lifestyle Private Limited and its director. Macky Lifestyle described itself as a small leather goods business dealing in leather watch straps and raw hide rather than finished handbags.
How the Dispute Began
Hermès approached the Court after discovering that Macky Lifestyle had used images resembling Birkin bags on online listings. Hermès argued that the online use was capable of creating an impression that the business was connected to Hermès or authorised to manufacture or sell Birkin style bags.
The claims included trade mark infringement, passing off, dilution, and copyright infringement. During the course of the proceedings, the Court directed the defendants to disclose suppliers, raw material sources, and any transactions relating to the alleged goods.
Statements from the Defendants
Over several filings, the defendants submitted that they had never manufactured or sold any bags resembling the Birkin. They further stated that the business had no capacity, equipment, or technical capability to produce such products and that the business had shut down.
They also informed the Court that the images appearing online were not photographs of products made by them. Instead, these images had been downloaded from the internet and were used only as reference visuals to indicate the type of bags they believed they could manufacture in the future. The defendants clarified that the use of these images was not intended to imitate Hermès or imply any commercial association, and that no sales, offers for sale, or promotional activity were linked to them. The Court recorded these submissions, including the confirmation that no infringing goods had been produced.
Hermès accepted these statements and narrowed the dispute. With infringement no longer contested, the remaining issue before the Court concerned the well-known mark designation.
The Court’s Assessment
With the factual dispute resolved, the Court turned to the remaining question of whether the Birkin shape and Hermès marks should be recognised as well known in India. The record included evidence of longstanding commercial presence, registrations in India and abroad, press coverage, and enforcement actions in multiple jurisdictions. The material demonstrated that the Birkin shape is consistently recognised by consumers as originating from Hermès and not from the broader category of handbags.
The Judgment
The Court ruled in favour of Hermès. The Birkin three dimensional shape, the Hermès word mark, and the stylised device marks were declared well-known trade marks in India.
Conclusion
This judgment is significant because it recognises the Birkin design as a source identifier in its own right. The decision also illustrates that digital representation of a recognisable product shape can fall within legal scrutiny even when no physical goods exist. The absence of manufacturing or sales did not prevent the Court from examining how brand identity was engaged.
The Birkin bag has long operated as a recognisable object in commerce and culture. With this decision, it now holds legal standing in India consistent with that position.
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