The use of a registered trademark being identical or deceptively similar in the same service domain constitutes trademark infringement, justifying a permanent injunction.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-The Indian Hotels Company Limited, seeking permanent injunction restraining infringement of registered trademark, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts, delivery up, and other reliefs.

3. The Plaintiff-The Indian Hotels Company Limited, which is a part of the well-known `TATA' Group of Companies, along with its subsidiaries, is engaged in the business of hotels and hospitality services in India. The Plaintiff asserts that it has a portfolio of 196 hotels in around 12 countries and in over 80 locations, which includes hotel services branded under the names/marks being `TAJ', `SeleQtions', `GINGER', and `VIVANTA'.

4. As set out in the Plaint, the Plaintiff coined and adopted the mark `VIVANTA' in the year 2008. Since then, the Plaintiff has continuously and consistently used the said mark for 35 `VIVANTA' hotels across 33 destinations. The Plaintiff's mark `VIVANTA' has garnered immense goodwill and reputation, which is evident upon a perusal of the financial highlights placed on record by the Plaintiff. The turnover of the Plaintiff for the year 2021-22 is Rs.668 crores and the advertising and marketing expenditure of the Plaintiff also runs in several crores.

5. The Plaintiff seeks protection of its mark `VIVANTA', used in respect of hospitality services including hotels and resorts, both in India and abroad. The details of the registrations obtained by the Plaintiff in respect of the mark `VIVANTA', are set out below:

Mark	Reg. No.	Date	Class
VIVANTA (Word Mark)	1715100	28th July, 2008	42
VIVANTA BY TAJ (Word Mark)	1715101	28th July, 2008 42,
(Device Mark)	3849550	1st June, 2018	43
(Device Mark)	3858431	13th June, 2018	43
(Device Mark)	3849549	1st June, 2018	43
(Device Mark)	3858430	13th June, 2018	43

6. The grievance of the Plaintiff is that the Defendant is using an identical mark `VIVANTA' in respect of its business activities which are similar to that of the Plaintiff. The Defendant is a company known by the name `Grand Vivanta Vacations Private Limited' located at D-27, Level-III, Lajpat Nagar-II, New Delhi, and also at Shop No.006, LGF, Nucleus Mall Circular Road, Ranchi, Jharkhand PIN-834001. The Defendant is also running a resort under the name `The Lazy Haven Resort, Jim Corbett National Park, Kyari-Bandobasti, Tehsil Ramnagar, Uttarakhand'.

7. Mr. Pravin Anand, ld. Counsel appearing for the Plaintiff submits that the Defendant was incorporated in the year 1987 and was earlier using the name `NAP Polymers Specialities Private Limited'. At that time, as per their Memorandum, the Defendant claimed to be dealing in polymers. However, in February, 2021, the name of the Defendant was changed to `GRAND VIVANTA Vacations Private Limited'.

8. The Defendant is also using a domain name, being `www.grandvivanta.com', registered on 5th February, 2021. A screen shot of the said website has been placed on record and is extracted below:

9. The Defendant promotes the mark `VIVANTA' on various social media platforms, including Facebook, Instagram, and YouTube. The case of the Plaintiff is that the Defendant is not merely misusing the Plaintiff's mark `VIVANTA', but also using the same, in logo form and in word form for its various brochures, promotional material, and signage. The Defendant also has a mobile application available on the Google Play Store, by the name `GRAND VIVANTA'. The relevant images in respect of the usage of the