The Honourable Delhi High Court restrained Royal County of Berkshire Polo Club from using the "Horse and Polo Player" device on its product range including the fragrance category.
This commercial suit was filed by Beverly Hills Polo Club which is the owner of the trademark in India. It was the case of Beverly Hills Polo Club that the “Horse and Polo Player" device of The Royal County of Berkshire Polo Club infringed the statutory and common law rights of Beverly Hills Polo Club in the mark.
The Court found the “Horse and Polo Player" device of The Royal County of Berkshire Polo Club to be conceptually and deceptively similar to the “Horse and Polo Player" Device of Beverly Hills Polo Club.
“Our stand that the logo mark of Royal County of Berkshire Polo Club is deceptively similar to BHPCs Logo mark has been vindicated. We have suffered losses on all fronts. Our Consumers were misled into buying their products. Most of the retailer thought they were selling our products due to confusion because of a deceptively similar logo adopted by Royal County. We have succeeded in India and have also been successful in other countries where Royal County has entered the market with the same mala fide purpose. We trust the Indian judicial system to see through these counterfeiters and punish them adequately,” said Eli Haddad, owner Beverly Hills Polo Club.
This is a landmark decision for the top polo club brands who are doing business in the fashion and retail space in India.
Sim And San Attorneys At Law represented Beverly Hills Polo Club in this case.
About Beverly Hills Polo Club
The Beverly Hills Polo Club brand was established in 1982. Inspired by both the elegance and glamour of Beverly Hills as well as the heritage sport of polo, the brand captures the excitement of this competitive sport along with membership in an exclusive social club. The brand has globally over 650 exclusive BHPC stores in addition to brand distribution in thousands of stores in over 70 countries.