* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 26^th September 2025 Judgment Pronounced on: 4^th December, 2025 + CS(COMM) 119/2025 with I.A. 3768/2025, I.A. 9893/2025, I.A. 16691/2025, I.A. 23352/2025 ITC LIMITED & ANR. .....Plaintiffs Through: Mr. Mukul Rohtagi, Senior Advocate, Mr. Arvind Nigam, Senior Advocate and Mr. Arvind Nayar, Senior Advocate with Ms. Mamta Rani Jha, Mr. Saurabh Agarwal, Ms. Shrutimma Ehersa, Ms. Aiswarya Debardarshini and Ms. Jahanvi Agarwal, Advocates.

versus ADYAR GATE HOTELS LIMITED .....Defendant Through: Mr. Rajiv Nayyar, Senior Advocate, Mr. Amit Sibal, Sr. Advocate, Mr. Adarsh Ramanujan, Mr. Prateek Chadha, Mr. Sreekar Aechuri, Ms. Surbhi Soni, Mr. Aniket Chauhaan, Mr. Saksham Dhingra, Mr. Darpan Sachdeva and Mr. Ankit Handa, Advocates CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

I.A. 3768/2025 (u/O XXXIX Rules 1 and 2, CPC

1. The captioned application has been filed seeking relief of interim injunction restraining the defendant from infringing the trademark and copyright of the plaintiffs, passing off its services as that of the plaintiffs, along with other ancillary reliefs.

CASESETUPINTHEPLAINT

2. The plaintiff no.1, ITC Limited, is a company engaged in operating, marketing and/or manufacturing of diverse goods and services such as hotels and restaurants, printing and packaging, paperboards and cigarettes and other fast-moving consumer goods (‘FMCGs’).

3. The plaintiff no.2, ITC Hotels Limited, is an associate company of the plaintiff no.1 and is in the hotels and hospitality business, operating multiple hotels and restaurants.

4. Through a scheme of arrangement sanctioned by the National Company Law Tribunal, Kolkata Bench by an order dated 4^th October 2024, the hotels and hospitality business of the plaintiff no.1 was demerged and transferred to the plaintiff no.2. Pursuant to the aforesaid demerger, the plaintiff no.1 granted an exclusive license to the plaintiff no.2 to use several of its well-reputed trademarks, including ‘DAKSHIN/ ’ with

respect to operation of premium restaurants.

5. The plaintiff no.1 has been providing, marketing and promoting its hospitality business under various trademarks/ brands such as ‘ITC HOTELS’ in luxury segment, ‘WELCOMHOTEL/ WELCOMGROUP’ in the upscale segment etc.

6. The trademark ‘DAKSHIN/ ’ was first adopted by the plaintiff no.1 for the restaurant at the ‘Welcomgroup Park Sheraton Hotel’ in

Chennai in 1989. The plaintiff no.1 applied for and obtained registration for the mark ‘DAKSHIN’ in classes 29 and 30 respectively, with effect from 13^th September 2000 on a ‘proposed to be used’ basis. Subsequently, these were amended in 2005 claiming user since 1^st April 1989. The plaintiff no.1 has also obtained registration in other classes in respect of the mark

‘ ’, details of which are given in paragraph 19 of the plaint.

7. Over the years, the plaintiff no.1 expanded the chain of restaurants under the trademark ‘DAKSHIN/ ’ and launched the restaurants in several hotels run by the plaintiffs across India. The details regarding the location and year of establishment of the restaurants under the trademark ‘DAKSHIN/ ’ are given in paragraph 13 of the

plaint.

8. The plaintiffs’ restaurants under the trademark ‘DAKSHIN/

’ have been frequented by foreign dignitaries and prominent

personalities. The said restaurants have also received numerous distinctions, awards and recognitions.

9. From the financial years 2012-2013 to 2023-2024, the plaintiffs’ revenue in respect of the trademark ‘DAKSHIN/ ’ for the restaurants operating in Mumbai, Hyderabad, Delhi, Vizag and Bangalore is provided in paragraph 25 of the plaint. The revenue generated by the plaintiffs’ aforesaid restaurants under the trademark ‘DAKSHIN/

’ for the year 2023-2024 is to the tune of Rs.12.38 crores.

10. The plaintiffs have been actively promoting their restaurants on various social media channels, e-commerce platforms and their official websites, www.itcportal.com, www.itchotels.co