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: Anantara Spa Cannot Use ANANTARA Mark For Massage Services, Grants Injunction
The has granted an against , an Ajmer-based spa, for using the "ANANTARA" mark in its business. Justice Jyoti Singh, presiding over the commercial suit filed by — part of the globally renowned — found the defendant's adoption of the mark to be dishonest and lacking any , amounting to and dilution.
The Dispute: A Routinely Discovered Infringement
The plaintiffs, who have used the ANANTARA mark since 2001 for their luxury hotels, resorts, and spas worldwide, discovered the infringement during a routine review in . The defendant was operating as "" in Ajmer, offering services like "Body to Body Massage" and "Thai Massage" under a nearly identical name and logo. The plaintiffs argued that this association was "gravely prejudicial" to their hard-earned reputation and amounted to "."
Plaintiffs' Case: Building a Global Brand
MHG IP Holding and its affiliates presented extensive evidence of their global footprint, including 60 hotels and spas across Asia, Europe, and the Middle East, substantial revenues, and numerous awards — including being named the World's Best Hotel Spa Brand for four consecutive years. The court noted the plaintiffs' valid and subsisting trademark registrations in India and globally, as well as their vigilant enforcement history, including previous settlements and against infringing domain names like www.anantaraspa.co.in.
Court's Reasoning: Deceptive Similarity and No
Accepting the plaintiffs' submissions, Justice Jyoti Singh observed that the defendant's marks
"subsume the mark ANANTARA in entirety"
and are "
." The court found no
for the defendant's adoption of the mark, especially for identical or overlapping spa services.
"The intent behind adopting the impugned marks appears to be sail close to the Plaintiffs and encash on the formidable reputation and goodwill for unlawful financial gains,"
the judge noted. The court also highlighted the defendant's promotion of services through its website, which the plaintiffs argued tarnished their brand.
Key Observations
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"Defendant has adopted trademarks, which subsume the mark ANANTARA in entirety and the rival marks are ."
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" , Defendant does not have a for adopting the impugned marks incorporating ANANTARA."
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"The association of Plaintiffs’ ANANTARA marks with these activities is gravely prejudicial to its reputation as also distinctiveness of the ANANTARA brand and constitutes ."
The Order: and Compliance Deadline
The court restrained and all those acting on its behalf from using the marks ANANTARA , ANANTARA SPA , or any variant for spa, massage, or wellness services. The defendant was also directed to remove all references to the impugned marks from its website, social media pages, and online listings — including Google business profiles and directories — within three weeks of receiving the order. The matter is next listed on for further hearing.
