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2026 Supreme(Online)(Del) 16683
IN THE HIGH COURT OF DELHI AT NEW DELHI
A. J. Bhambhani, J
Six Continents Hotels, Inc. – Appellant
Versus
Jerome Fernandes – Respondent
CS(COMM) 887/2026
For the Appellants/Petitioners: Nancy Roy, Prakriti Varshney
For the Respondents:
The court granted an ex-parte ad-interim injunction to protect a well-known trademark ("HOLIDAY INN") against a deceptively similar mark ("HOTEL JEROME'S HOLIDAY INN"), finding that the plaintiff established a prima facie case, balance of convenience, and likelihood of irreparable injury.
Headnote:(A) Pre-litigation Mediation - Exemption - Mandatory mediation under the Commercial Courts Act may be exempted based on specific facts and circumstances and judicial precedents. (Para 5)
(B) Trademark Infringement - Well-known Mark - Use of a mark that subsumes a well-known trademark (e.g., "HOLIDAY INN") in a similar service industry constitutes a prima facie case of infringement and passing off. (Para 29, 30)
(C) Interim Injunction - Triple Test - Grant of ex-parte ad-interim relief is permissible where the plaintiff establishes a prima facie case, the balance of convenience lies in their favor, and irreparable loss is likely. (Para 34, 35)
Issues: Whether the plaintiff is entitled to an ex-parte ad-interim injunction to restrain the defendant from using a mark deceptively similar to the plaintiff's well-known trademark.
O R D E R
I.A. 22077/2026 (exemption)
Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed-of.
I.A. 22075/2026 (seeking exemption from pre-institution mediation)
By way of the present application filed under section 12A of Commercial Courts Act, 2015 read with section 151 of the Code of Civil Procedure 1908 (‘CPC’), the plaintiff seeks exemption from attempting pre-litigation mediation.
Having regard to the facts and circumstances of the present case, and in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi, (2024)5SCC815 and of a Division Bench of this court in Chandra Kishore Chaurasia vs. R A Perfumery Works (P) Ltd., 22022SCCOnLineDel3529, the plaintiff is exempted from attempting pre-litigation mediation.
The application stands disposed-of.
I.A. 22074/2026 (seeking permission to file additional documents)
By way of the present application filed under Order XI Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with section 151 of the CPC, the plaintiff seeks leave to file additional documents.
For the reasons stated in the application, which is duly supported by affidavits, the application is allowed.
Let the additional documents be filed within 30 days.
The relevance and admissibility of the documents so filed will be considered subsequently.
The application stands disposed-of.
I.A. 22076/2026 (seeking permission to file documents in a CD/DVD)
By way of the present application filed under section 151 of the CPC, the plaintiff seeks permission to file documents mentioned in para 3 of the present application in compact disc/DVD.
For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.
The plaintiff is permitted to file the aforesaid documents.
Application stands disposed-of.
I.A. 22078/2026 (seeking permission to file lengthy synopsis and list of dates)
By way of the present application filed under section 151 of the CPC, the plaintiff seeks leave to file lengthy list of dates and synopsis.
For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.
The plaintiff is granted liberty to file lengthy list of dates and synopsis.
Application stands disposed-of.
CS(COMM) 887/2026
Let the plaint be registered as a suit.
Issue summons in the suit.
Upon the plaintiff taking requisite steps within 10 days, let summons be sent to the defendants by all permissible modes, returnable for the next date before the learned Joint Registrar.
Let the summons indicate that the defendants are required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiff. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.
List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents and marking of exhibits on 19th November 2026.
List before court thereafter.
I.A. 22073/2026 (u/O XXXIX Rules 1 and 2 CPC)
By way of the present application filed under Order XXXIX Rules 1 and 2 read with section 151 of the CPC, the plaintiff seeks the following interim reliefs:
“A. The Defendant, including all directors, employees, servants, agents, distributors, partners, franchises, representatives, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies and assigns be restrained by an order of ex-parte ad-interim and interim injunction from:
(i) using the Impugned Mark, i.e., HOTEL JEROME'S HOLIDAY INN, HOLIDAY INN, or any other mark which is identical or deceptively and confusing similar to the Plaintiff's Earlier Well-Known Trade Mark HOLIDAY INN and HOLID
