2022/DHC/005190

$~24 to 26

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 14^th November, 2022

+

C.O.

(COMM.IPD-TM)

763/2022

and

I.A.

18332/2022,

18333/2022

ITC LIMITED

..... Petitioner

Through:

Mr. Arvind K. Nigam & Mr.

Rajshekhar Rao, Sr. Advocates with

Mr. Afzal B. Khan, Mr. Samik

Mukherjee, Mr. Debjyoti Sarkar, Mr.

Vishal

Nagpal

&

Mr.

Manosij

Mukherjee, Advocates.

versus

CENTRAL PARK ESTATES PRIVATE

LIMITED & ANR.

..... Respondents

Through:

Mr. Peeyoosh Kalra and Ms. Nikita

Anand, Advocates.

25

WITH

+

C.O.

(COMM.IPD-TM)

764/2022

and

I.A.

18334/2022,

18335/2022

ITC LIMITED

..... Petitioner

Through:

Mr. Arvind K. Nigam & Mr.

Rajshekhar Rao, Sr. Advocates with

Mr. Afzal B. Khan, Mr. Samik

Mukherjee, Mr. Debjyoti Sarkar, Mr.

Vishal

Nagpal

&

Mr.

Manosij

Mukherjee, Advocates.

versus

CENTRAL PARK PRIVATE LIMITED & ANR. ..... Respondents

Through:

Mr. Peeyoosh Kalra and Ms. Nikita

Anand, Advocates. (M:9810651177)

26

WITH

+

CS (COMM) 781/2022 and I.A. 18326/2022, 18327/2022

ITC LIMITED

..... Plaintiff

Through:

Mr. Arvind K. Nigam & Mr.

Rajshekhar Rao, Sr. Advocates with

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:29.11.2022

12:49:23

Signature Not Verified

2022/DHC/005190

Mr. Afzal B. Khan, Mr. Samik

Mukherjee, Mr. Debjyoti Sarkar, Mr.

Vishal

Nagpal

&

Mr.

Manosij

Mukherjee,

Advocates.

(M:9881880037)

versus

CENTRAL PARK ESTATES PRIVATE LIMITED

& ANR.

..... Defendants

Through:

Mr. Peeyoosh Kalra and Ms. Nikita

Anand, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by ITC Limited/Plaintiff against

Central Park Estates Pvt. Ltd. and St. Jerome Hospitality Management

Services Pvt. Ltd./Defendants seeking protection of the Plaintiff’s trademark

‘BUKHARA’ used in respect of restaurant and other hospitality services.

3. The Plaintiff commenced its hospitality business in the year 1975 and

has since then started managing and operating several hotels across the

world. The Plaintiff is stated to be one of India’s foremost private sector

companies with business spanning across diverse sectors such as Fast-

Moving Consumer Goods (FMCG), Hotels, Paperboards and Packaging,

Agri-Business and Information Technology. The Plaintiff is also stated to be

ranked among Asia's 50 best performing companies compiled by Business

Week apart from being recognized by Forbes as one of the World’s Top 250

best regarded companies in 2019.

4. The mark ‘BUKHARA’ was adopted by the Plaintiff for its restaurant

at ITC Maurya Hotel in Chanakyapuri, New Delhi in late 1970s. The said

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:29.11.2022

12:49:23

Signature Not Verified

2022/DHC/005190

restaurant provides various cuisines which are inspired from the North-West

frontier region of India. Over the years, the restaurant has acquired an

enormous reputation owing to various preparations which it had started

serving to its customers. The ‘BUKHARA’ restaurant is also known for its

interiors, decor, layout, arrangement of the restaurant, the cutlery in which

the food is served, the wooden menu cards and the rustic look which it has

maintained over the years. The restaurant uses traditional methods of

cooking such as a clay oven or tandoor. Some of the dishes served in the

‘BUKHARA’ restaurant are globally acclaimed by food critics and the trade.

5. The ‘BUKHARA’ restaurant is stated to have been visited by various

world-renowned celebrities, Presidents, and heads of States. Various chefs

of global repute have also worked at the Plaintiff’s restaurant. Over the

years, the restaurant has also been listed on various food delivery platforms,

third-party service/information provider websites such as Eazy Diner, etc.

The Plaintiff also maintains many websites such as www.itcportal.com, and

www.itchotels.in, that