Beverly Hills Polo Club has won the trademark war with the Royal County of Berkshire Polo Club with the Delhi High Court restraining the latter from using the horse and polo player logo on its product range including the fragrance category.
Beverly Hills Polo Club had filed a commercial suit in the Delhi High Court against Berkshire Polo Club alleging that the latter had used a similar logo as theirs to mislead consumers due to which the company was facing losses in the country.
The Delhi High Court after hearing both the sides 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.
Commenting on the judgement, Eli Haddad, owner Beverly Hills Polo Club, in a statement said, “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”, Haddad added.
Last year, in a similar order, the Delhi High Court restrained Amazon Export Sales LLC from selling counterfeit Beverly Hills Polo Club products through its Amazon Global Store on Amazon’s India website.By Maverick Martins