$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 21^st November, 2024 + CS(COMM) 692/2023 & I.A. 44519/2024 MILLENNIUM & COPTHORNE INTERNATIONAL LIMITED .....Plaintiff Through: Mr. J. V. Abhay, Mr. Dhruv Grover and Mr. Abhineet Kalia, Advocates versus CS BOUTIQUE HOTEL PRIVATE LIMITED & ORS. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

CS(COMM) 692/2023 & I.A. 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 Signature Not Verified Digitally Signed CS(COMM) 692/2023 Page 1 of 12 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 has several registrations of its different trademarks/names. The plaintiff’s earliest registration is in class 16 since the year 1995. In particular, the plaintiff places reliance on the following registrations for its “MILLENNIUM” marks in India:

S. No.	Registration No.	Trade Mark	Date of Registration	Class Status	& Validity
1.	1248334		November 3, 2003	35, 42	Registered and valid upto November 03, 2023
2.	1248338	MILLENNIUM COPTHORNE	November 3, 2003	35, 42	Registered and valid upto November 03, 2023
3.	1248339	MILLENNIUM HOTELS AND RESORTS	November 3, 2003	35, 42	Registered and valid upto November 03, 2023
4.	1248340	MILLENNIUM CLUB	November 3, 2003	35, 42	Registered and valid upto November 03, 2023
5.	1248341		November 3, 2003	35, 42	Registered and valid upto November 03, 2023
6.	1248342	MILLENNIUM November	3, 2003	35, 42	Registered and valid upto November 03,

Signature Not Verified Digitally Signed CS(COMM) 692/2023 Page 2 of 12

					2023
7.	1403828		December 5, 2005	35, 42	Registered and valid upto December 5, 2025
8.	1449134		May 1, 2006	35, 42	Registered and valid upto May 1, 2026
9.	1461163		June 8, 2006	35, 42	Registered and valid upto June 8, 2026
10.	1497013		October 13, 2006	35, 42	Registered and valid upto October 13, 2026
11.	1544963		March 29, 2007	35, 42	Registered and valid upto March 29, 2027
12.	1606761	GRAND MILLENNIUM	September 29, 2007	35, 42	Registered and valid upto September 28, 2027
13.	1608240		October 4, 2007	35, 42	Registered and valid upto October 4, 2027
14.	1749409		October 31, 2008	35, 42	Registered and valid upto October 31, 2028
15.	1749926		November 3, 2008	35, 42	Registered and valid upto November 3, 2028
16.	1761874		December 10, 2008	35, 42	Registered and valid upto December 10, 2028

Signature Not Verified Digitally Signed CS(COMM) 692/2023 Page 3 of 12 The Certificates for use in Legal Proceedings are filed as documents no.29 to 31 of the documents filed along with the plaint. All the aforesaid registrations remain valid and subsisting.

5. The plaintiff's trade mark “MILLENNIUM” is widely known in India, which is evident from the frequency with which the plaintiff's websites have been visited and its services have bee

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