Delhi High Court Denies Relaxo's Plea Against HRX's Use of "X" Mark

In a recent development, the Delhi High Court has ruled against Relaxo, a well-known shoemaker, in its plea to stop HRX, owned by Myntra, from using the mark "X" in its trademark for selling shoes.

Justice Anish Dayal, in a ruling dated May 3, denied Relaxo's request for an interim injunction and dismissed its argument claiming that the mark "X" used by HRX is confusingly similar to the mark used by the company owning the Sparx brand of footwear.

The Court emphasized that the plaintiff's "X" device mark couldn't be deemed to have been dishonestly adopted by HRX. It elaborated that the situation might have been different if both parties had solely used the "X" device marks on their shoes and packaging without their primary brand names or if they had been listed as such on websites without their primary brand names. However, considering the defendants' over ten-year market presence in 2013, the Court favoured HRX.

Furthermore, the Court highlighted that Relaxo couldn't claim exclusive rights over the numerous "X" trademarks, given their coexistence in the market.

Relaxo had filed a lawsuit against XS Brands Consultancy Private Limited, the company owning HRX, and others for trademark infringement. The lawsuit aimed to prevent HRX from using the "X" marks on its merchandise. Relaxo argued that HRX's "X" mark was confusingly similar to its registered trademark, of which it claimed ownership.

In response, the defendants argued that Relaxo didn't hold exclusive rights over the letter "X," and, at best, might only assert rights to a particular creative work, which differed from HRX's "X." They contended that the "X" in HRX's mark stood for "Xtreme" and was derived from Hrithik Roshan's initials.

Notably, actor Hrithik Roshan, initially a respondent in the lawsuit as an HRX shareholder, left the company as a shareholder but remained a brand ambassador.

After a thorough review, the Court denied Relaxo's plea for an interim injunction, thus allowing HRX to continue using the "X" mark in its trademark for footwear sales.