Delhi High Court Restrains 'HOTEL JEROME'S HOLIDAY INN' From Using 'HOLIDAY INN' Trademark

In a significant interim ruling, the Delhi High Court on August 17, 2026, granted an ex-parte ad-interim injunction against a hotel operating under the name "HOTEL JEROME'S HOLIDAY INN", restraining it from using the well-known trademark "HOLIDAY INN" owned by Six Continents Hotels, Inc. The court also directed the removal of all listings from third-party online travel platforms.

The 'HOLIDAY INN' Legacy and the Dispute

Six Continents Hotels, Inc., the proprietor of the globally recognized "HOLIDAY INN" brand, approached the court alleging trademark infringement and passing off. The plaintiff stated that it has held a registration for the word mark "HOLIDAY INN" since 1964, with subsequent registrations for "HOLIDAY INN RESORT" and various formative marks. Notably, "HOLIDAY INN" has been designated as a well-known trademark in India, and previous Benches of the Delhi High Court have already protected the mark against unauthorized use.

The defendant, Mr. Jerome Fernandes, was found to be operating a hotel under the name "HOTEL JEROME'S HOLIDAY INN", which the plaintiff argued completely subsumes its registered "HOLIDAY INN" mark.

Six Continents' Plea for Protection

Counsel for the plaintiff, Ms. Nancy Roy, submitted that the defendant's use of the name infringed the plaintiff's registered trademarks and amounted to passing off. The plaintiff sought an injunction to stop the use of the impugned mark, to recall promotional materials, to disclose related trademark applications and domain names, and to remove online advertisements from platforms like Goibibo, MakeMyTrip, TripAdvisor, and Trivago.

Prima Facie Case, Balance of Convenience, and Irreparable Injury

Justice Anup Jairam Bhambhani, after a preliminary examination of the matter, held that the plaintiff had made out a prima facie case. The court observed that the balance of convenience lay in favor of the plaintiff and against the defendant, and that irreparable loss and injury would be caused if the interim injunction was not granted.

The court noted that the plaintiff had a long-standing registration and a well-known trademark, and the defendant's use of "HOLIDAY INN" as part of its hotel name was likely to cause confusion among consumers.

What the Court Said

In its order, the court stated: “This court is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the balance of convenience also lies in favour of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted.”

Ex-Parte Injunction Granted; Online Listings to be Removed

The court restrained the defendant from using the mark "HOTEL JEROME'S HOLIDAY INN", "HOLIDAY INN", or any deceptively similar mark as a trademark, trade name, corporate name, or domain name. Additionally, the defendant was directed to remove all advertisements and listings from third-party websites, including Goibibo, MakeMyTrip, TripAdvisor, and Trivago, and to disclose any other online listings.

The court also allowed various applications filed by the plaintiff, including exemption from pre-litigation mediation and permission to file additional documents, including on CD/DVD.

The case will next be heard before the Joint Registrar on November 19, 2026, for completion of pleadings. The interim injunction will remain in force until the next hearing.