Firm told not to use H&M mark

New Delhi (PTI):  The Delhi High Court has restrained an Indian firm from using the trade name 'HM' or any other deceptive variation which is similar to Swedish fashion retailer Hennes & Mauritz (H&M). 

The court, while granting time to Indian firm HM Megabrands Pvt Ltd and its proprietors to stop use of the mark and commence its business under an alternative mark, said the order of interim injunction should be made operative with effect from July 9. 

The court passed the order on a plea by H & M Hennes & Mauritz AB, Sweden and its Indian subsidiary H & M Hennes & Mauritz Retail Pvt Ltd, New Delhi, seeking an injunction restraining HM Megabrands Pvt Ltd and its proprietors Arif Merchant, Hamza Arif Merchant and Hashim Arif Merchant from infringement of trade mark of the foreign company.  

"I am therefore of the opinion that the plaintiffs (foreign firm) have a prima facie case," Justice Rajiv Sahai Endlaw said. 

The court said that thought the proprietors of the Indian firm have commenced their business in 2011, if permitted to continue their trade during the pendency of the suit, they are likely to develop further goodwill.