Delhi High Court permanently restrains hotel management company from using 'Vivanta' mark

The Delhi High Court recently granted a permanent injunction in favour of The Indian Hotels Company, proprietor of Taj Hotels, in a case concerning infringement of its registered trademark 'Vivanta' by a hotel management and luxury resorts company. (The Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited).While disposing of the plea, Justice Prathiba M Singh observed,"In view of the facts pleaded, it is clear that the VIVANTA mark has clearly achieved the status of a well-known mark and is declared as such."The Court permanently injuncted the defendant company, Grand Vivanta Vacations, from using the mark or name 'VIVANTA', 'VIVAN' or any other mark deceptively similar mark."The Defendant is permanently injuncted from using the mark/name VIVANTA/VIVAN or any other mark/name which is deceptively similar to that of the Plaintiff’s mark - VIVANTA with or without prefix or suffix in respect of any of its resorts, hotels, restaurants or any other combination for its hospitality services, resorts, hotels, restaurants or any other related services," the Court ordered..Further, the Court restrained the defendant company from using the domain name 'www.grandvivanta.com' and directed the same to be transferred in favour of the Indian Hotels Company Limited within one week."The concerned Domain Name Registrar shall give effect to the orders immediately upon request from the Defendant," the Court added.The Court also directed all the seized goods bearing the mark VIVANTA/VIVAN in the defendant’s resorts shall be destroyed in the presence of the plaintiff’s representative.Additionally, the Court directed the infringing party to pay costs of ₹6 lakh by October 15, considering that the plaintiff had deposited the court fee and also incurred the expenses for the survey conducted by a local commissioner."Subject to the payment of above costs imposed, the Plaintiff does not press for the relief of rendition of accounts or damages," the Court noted.However, the Court allowed the defendant company to use the name GRAND VIHAN for its resort, online platform as well as on its mobile application. The permanent injunction passed shall come into effect from November 1..The Indian Hotels Company Limited, which is a part of the TATA group of companies, moved the Delhi High Court after finding that the defendant was using an identical mark ‘VIVANTA’ in respect of similar business activities.It thus sought the protection of its mark ‘VIVANTA’, used in respect of hospitality services both in India and abroad..Advocates Pravin Anand, Achuthan Sreekumar and Rohil Bansal appeared for the Indian Hotels Company Limited.Advocates Abhishek Malhotra and Rommel Khan appeared for the defendant company..Read order: