Delhi High Court slaps 5-star fine on man who infringed Taj Hotels trademark, copyright

The Delhi High Court recently imposed a fine of ₹15 lakh on a man whose company infringed the trademark and copyright associated with Tata's Taj hotels [The Indian Hotels Company Limited vs. Manoj].Justice Mini Pushkarna noted that the defendant, one Manoj, had used the trademark 'TAJ' registered in favour of Taj hotels and had also used the logo, photographs and other content available on its website.The defendant had also used the photographs of Taj Mahal Palace Hotel in Mumbai.These were done to promote his own business, Taj Iconic Membership.The Court said that Tata group's Indian Hotels Company Limited (plaintiff), which owns and operates Taj hotels, is indeed the registered proprietor of the mark ‘TAJ’ which is widely associated with the mark in the hospitality industry. It has been continuously and consistently using it and has spent huge amounts of money in designing, advertising and promoting the said marks. The Court also held that the plaintiff is the owner of the copyright in 'TAJ'."Thus, it is apparent that the use of the various contents and photographs available on the plaintiff's website, by the defendant in relation to business activities, has the effect of inducing the consumers and members of the trade to falsely believe that the defendant has a direct nexus or affiliation with the plaintiff. Further, the fraudulent and illegal trade activities of the defendant has also the effect of causing incalculable harm and injury to the business, goodwill and reputation associated with the plaintiff's associated mark," the Court said.The Court also noted that Manoj, besides being guilty of infringement of Taj's marks and photographs, had also indulged in criminal activities by impersonating as plaintiff and defrauding a jeweller of hundred gold coins worth ₹51 lakh.In view of the above, it ruled in favour of The Indian Hotels Company Limited.The order was passed ex-parte since the defendant did not file any response or enter appearance to defend his actions. .Taj learnt learnt about the infringement in 2022 when the defendant's representative contacted the Taj's representative, asking them as to whether they are interested in doing business with the defendant.In this regard, the plaintiff's representatives were invited for a meeting with the defendant. The plaintiff was then shocked to learn that the defendant was misusing the plaintiff's registered trademarks TAJ as part of their business name, domain www.tajiconicmembership.com, website, and email ID etc.Taj also received notices from Malviya Nagar Police Station in Delhi along with a copy of FIR stating that one jeweller by the name of Puneet Mehra was defrauded by the defendant of ₹51 lakh. Puneet Mehra was invited by the defendant, impersonating as plaintiff to its office, and was then offered coffee laced with drugs. Subsequently, Puneet Mehra felt dizzy, and the representative of the defendant snatched the packet containing hundred gold coins from Puneet Mehra.In view of the above, Taj filed the present suit.The Court by an dated October 6, 2022, granted an ex parte ad interim injunction in favour of Taj, thereby restraining the defendant from using the mark 'TAJ', the accompanying devices, including, as part of the corporate name or logo.Meanwhile, the defendant's premises in Delhi were sealed by the Crime Branch of police.The Court eventually proceeded ex-parte since the defendant did not enter appearance.The Court in its judgment noted that the trademark 'TAJ' was adopted by the plaintiff as far back as 1903, with respect to hospitality industry."Further, the plaintiff has been using the mark since the year 2016. The plaintiff is the registered proprietor of the aforesaid marks, details of which are on record. The plaintiff is also the owner of the copyrights associated with the logo/device," the Court noted..The Court opined that from the arguments made in the plaint and the documents on record, the plaintiff had been able to establish its goodwill and reputation with respect to the mark ‘TAJ’."The defendant has unauthorizedly used the plaintiff's marks, as well as various content and photographs available on the plaintiff's website. The defendant has been misusing the plaintiff's registered trademarks as part of its business name, domain and website. Even the photographs of the defendant available on Google, show unauthorised use of the plaintiff's registered trademarks," the Court ruled.There is no justification or any plausible reason for adoption of the registered trademarks 'TAJ' by the defendant, and also the plaintiff's various content and photographs available on the plaintiff's website. The plaintiff has no connection or association with the defendant and has not authorised the defendant to use the said marks, logos, photographs and content, the Court further said.. “It is clear that the action of the defendant in adopting the plaintiff’s marks, photographs and content, is malafide, deliberate, and intentional and thus, constitutes infringement. The defendant’s infringing activity is bound to cause confusion in the minds of the unwary consumers, who will assume the defendant‟s services and packages to have originated from the plaintiff,” the Court concluded..The Court also observed that the defendant deliberately did not file its written statement and has not entered appearance to defend his actions, showing that he has no real prospect of defending the plaintiff’s claim. “It is to be noted that not filing any defence by the defendant shows the malafides and guilt of the defendant, that he has no plausible explanation for his intentional, illegal and infringing acts,” the Court stated in its judgment while ruling in favour of Taj..Advocate Pravin Anand with advocates Achuthan Sreekumar, Rohil Bansal and Swastik Bisarya appeared for Taj/ Indian Hotels. [Read Order]