Swedish fashion brand Hennes & Mauritz (H&M) has sent a legal notice to Mumbai-based retailer HM Mega Brands sighting trademark infringement by the latter. On the other hand, HM Mega Brands has filed a petition in the Bombay High Court urging it to direct H&M to inform the Indian company seven days before initiating any case against it in India.
The company said that its name is derived from the initials of the names of its founders Hashim Merchant and his brother Hamza Merchant. The company has also claimed that it has applied for trademark of the name with authorities in India.
In another such case, US-based Retail Royalty Company filed a trademark infringement case in the Delhi High Court recently against Pantaloons Fashion & Retail. According to the company, the Aditya Birla Group-owned brand and logo are deceptively similar to its American Eagle Outfitters brand and the eagle logo.
Such incidents are not new. In earlier cases, American apparel retailer Gap filed a case against two Indian companies in the Delhi High Court for using labels such as Gap In, Gap-2 and Gap Two and Spanish brand Zara had accused Chennai-based eatery ‘Zara Tapas Bar’ for using Zara in its name. Justice GP Mittal acknowledging the brand’s reputation asked the restaurant to change its name. And a district court in Delhi ruled in favour of Bengaluru-based Aikya Global after furniture maker IKEA wanted the former to stop using phonetically similar company name.