Supreme Red box logo now officially well-known logo: Delhi High Court

[i]On 11^th July 2023, in a decision under Delhi High Court by Justice Prathiba M. Singh the ‘SUPREME’ Red Box Logo device mark got the authorization to be recognized as a “well known” mark.

The suit was presented for grant of permanent injunction as filed by Plaintiff-Charter 4 Corp., seeking protection of its mark Red-box device mark ‘SUPREME’ in respect of readymade clothing, accessories, etc.

Considering the period of 29 years, during which the Red-box device mark ‘SUPREME’ has been used for readymade clothing, as the word ‘SUPREME’ is a dictionary word, the declaration of well-known is limited to the ‘SUPREME’ Red-box logo and the word itself, the Hon’ble Court said.

[ii]In this case, the grievance against Defendant – Dhanpreet Singh, trading as M/s. Punjabi Adda,  the Defendant used the logo of ‘SUPREME’ on their various products selling them through their websites, www.punjabiadda.com, and www.punjabiadda.us, as the seeking permanent injunction as interim injunction was granted with respect to the plaintiff’s mark.

The mark ‘SUPREME’ was adopted by the plaintiff in the year 1994 in the U.S.A. and the same since the year 2006 in India.

The parties had a settlement between themselves, Defendant agrees not to file any trademark/copyright application to register Plaintiff’s ‘SUPREME’ marks or any mark similar to Plaintiff’s marks for any goods or services such as readymade clothing and related goods and services, moreover, the Defendant has paid a sum of Rs.2 lakhs by the way of demand draft as acknowledged by the Plaintiff, the hon’ble Court said. The Court thus decreed the suit in the terms of the application filed by the parties under Order XXIII Rule 3 of the Code of Civil Procedure.

After the parties acknowledged their Settlement Deed, the plaintiff sought for a decree declaring the ‘SUPREME’ Red-box device mark as a “well known” mark under [iii]Section 2(zg) Trade Marks Act,1999

As mentioned by the plaintiff that it has several retail stores, the fact that its valuation was estimated to be 1 billion USD in the year 2017.

The plaintiff admired that it has a  unique business model of scarcity, combined with high demand and low supply, it claims to have obtained over 700 trademark registrations globally in respect of the mark ‘SUPREME’ covering, inter alia readymade clothing in Class 25.

Via addressing its popularity the Plaintiff mentioned the publication under Harvard Business School Titled: ‘Supreme: Remaining Cool White Pursuing Growth which was about the sales pattern of ‘SUPREME’, also elaborating that various celebrities including Justin Bieber, Beyonce, Madonna, Rihanna, Sade. and other well international celebrities, and also including Indian Celebrities like Dilijit Dosanjh, Ranbir Kapoor, Karan Johar etc. who have endorsed the Plaintiff’s clothing.

->[iv] Levi Strauss and Co. v. Interior Online Services Pvt. Ltd.

-> [v]Herms International v. Crimzon Fashion Accessories Pvt. Ltd.

->And [vi]Disruptive Health Solutions v. Registrar of TradeMarks

With respect to the above-mentioned Judgements, the Hon’ble Court was of the opinion that the ‘SUPREME’ Red Box Logo device mark to be recognized as a “well-known” mark.

---

[i] JUDGE- JUSTICE PRATHIBA M. SINGH

[ii] CASE- CHARTER 4 CORP V. DHANPREET SINGH TRADING AS M/S PUNJABI ADDA

[iii] Section 2 (1) (zg) of the Trademarks Act, 1999 defines a ‘well – known trademark’ as “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.”

[iv] [CS(COMM) 651/2021, Decision dated 24th March 2021

[v] AIR 2023 SCC Online 883

[vi] [C.A. (COMM.IPD-TM)] 133/2022

Access the full judgment below:

ORIGINAL JUDGEMENT- [CS(COMM) 782/2022 & I.A. 18343/2022, 118342023& 12263/2023]