Back
AMIT BANSAL
MILLENNIUM & COPTHORNE INTERNATIONAL LIMITED – Appellant
Versus
CS BOUTIQUE HOTEL PRIVATE LIMITED – Respondent
JUDGMENT :
AMIT BANSAL, J.
C.S. (COMM) No. 692/2023 & I.A. No. 44519/2024 (Under Order XIII-A of the CPC seeking summary judgment against defendants no. 3 and 4)
1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks of the plaintiff, passing off their goods and services as that of the plaintiff, and other ancillary reliefs.
PLEADINGS IN THE PLAINT
2. The plaintiff, Millennium & Copthorne International Limited, is a global hospitality management and real estate group which owns and operates international five-star and four-star hotels in various countries.
3. The Plaintiff is a wholly-owned subsidiary of Millennium & Copthorne Hotels Limited (“M&C group”) which is a United Kingdom-based hotel and resort company operating a chain of over 130 international five-star and four-star hotels in more than 22 countries under world-famous and reputed brands such as but not limited to MILLENNIUM and GRAND MILLENNIUM. The plaintiff claims rights in the mark/name “MILLENNIUM” adopted in 1994 in the UK and various other countries such as Australia, Cambodia, China, France, USA, Germany and the like.
4. In India, the plaintiff
The court granted a summary judgment for trademark infringement due to the defendants' failure to contest the claims, establishing the plaintiff's rights in the 'MILLENNIUM' mark.
Trademark infringement occurs when parties use marks that are identical or deceptively similar, causing confusion; summary judgment is appropriate when defendants fail to contest claims or provide a ....
The court affirmed that summary judgment can be granted when a defendant lacks a real prospect of successfully defending against claims of trademark infringement.
Trademark infringement under Section 29(2)(b) of the Trade Marks Act was established based on the likelihood of confusion among consumers due to the defendants' use of a mark similar to the plaintiff....
A claimant may fail to make out a case of infringement of a trade mark for various reasons and may yet show that by imitating the mark claimed as a trademark, or otherwise, the Defendant has done wha....
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
