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AMIT BANSAL
Indian Hotels Company Limited – Appellant
Versus
Vivanta Hospitality Private Limited – Respondent
JUDGMENT
Amit Bansal, J. (Oral)--The present suit has been filed seeking the relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off and other ancillary relief.
BRIEF FACTS
2. Briefly the case set up by the plaintiff in the plaint is as under:
2.1. The plaintiff, the Indian Hotels Company Limited incorporated on 1st April, 1902 is a part of TATA Group of Companies and offers hospitality services. The plaintiff has a portfolio of 196 hotels including 40 under development globally across 4 continents, 12 countries. The plaintiff opened its first hotel in Mumbai in 1903.
2.2. The plaintiff first coined and adopted the mark VIVANTA for its hotels and other services in the year 2008. The plaintiff has a website at www.vivantahotels.com dedicated to its hotels under the brand name VIVANTA. The plaintiff has 35 VIVANTA hotels across 33 destinations.
2.3. The plaintiff is the registered proprietor of the trademark "VIVANTA" (word/device) in Class 42 and 43, details of which are given in paragraph 14 of the plaint. The earliest registration granted in favour of the plaintiff with respect to the mark "VIVANTA" dates back to the year
The defendant's use of a deceptively similar trade name and domain name to the plaintiff's trademark constituted trademark infringement and passing off, leading to the court's decision in favor of th....
The use of a registered trademark being identical or deceptively similar in the same service domain constitutes trademark infringement, justifying a permanent injunction.
The plaintiff's rights as the registered proprietor of a well-known trademark were upheld, and the court applied the principles of trademark law to establish infringement and passing off by the defen....
Trademark infringement occurs when identical or confusingly similar marks serve identical services, creating potential consumer confusion.
The defendant was entitled to the benefit of defense under Section 35 of the Act as it had been using the mark 'VASUNDHARA' in a bona fide manner since 2001.
The court affirmed the validity of the plaintiffs' trademarks 'PENTA' and 'VOLVO PENTA', granting a permanent injunction against the defendants for infringement and passing off, emphasizing the marks....
The court reaffirmed that unauthorized use of a well-known trademark, leading to confusion or dilution, constitutes infringement and unfair competition under trademark law.
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
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