(DR.D.Y. CHANDRACHUD, J.)

1. The suit has been instituted for infringement and passing off. The Plaintiff carries on the business of conducting hotels and restaurants and has a food catering business. The Plaintiff is the owner and proprietor of the trade mark the Orchid which is used upon and in relation to a Five Star hotel belonging to the Plaintiff. The essential and prominent feature of the mark is the word Orchid. According to the Plaintiff in or around December 1995, it conceived and adopted the mark from the name of a flower for use upon and in relation to its hotel which was then under construction at Mumbai. The construction of the first phase of the hotel was complete in 1996. Commercial operations commenced in phases from January 1997. Hence, the Plaintiff claims use of the mark continuously since January 1997. The hotel, which is called The Orchid is stated to be the first Ecotel hotel in Asia. The word Ecotel is recognized as a hallmark of environmentally sensitive hotels. Authority to use the mark Ecotel is a culmination of a certification programme undertaken to enable industries in the hospitality area to enhance their value through environmental initiati