Arvind Mills’ mark not in vogue

Delhi High Court recently passed an ex-parte interim injunction restraining textile manufacturer Arvind Mills from using the mark “Vogue” in conjunction with its own mark “Excalibur”.

Arvind Mills, a retail chain which controls a large share of the Indian textiles market, promotes brands such as Excalibur, New Port University, Flying Machine, Ruf & Tuf, USPA, SansaBelt, Izod, Arrow and Cherokee. It also retails world-renowned brands such as Tommy Hilfiger, Lee, Nautica and Wrangler in joint ventures with well-known apparel companies.

The Excalibur range of products consists of shirts and other ready-made garments and is a recognizable brand in India. A new line of clothing by Arvind incorporated the word Vogue in exactly the same style that appears on the fashion publication of that name. Representing Vogue on the case, Lall Lahiri & Salhotra, led by partner Rahul Chaudhry, alleged that the use of the word “Vogue” by the defendant amounted to infringement in its most blatant form and was likely to create an impression that the clothes were in some manner endorsed by the fashion magazine.