Hotel management Company is Permanently Injuncted from using “Vivanta” mark by Delhi High Court
The Delhi High Court permanently injuncted the hotel management Company from using “Vivanta” mark.
Background
The 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.
Arguments
Advocate Pravin Anand, appearing for the Plaintiff, submitted 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’.
He contended that the Defendant promotes the mark ‘VIVANTA’ on various social media platforms, including Facebook, Instagram, and YouTube.
Advocate Malhotra, appearing for the Defendant, submitted that since the Plaintiff was to revert on the issue pertaining to the new name, pursuant to the I.A., which was to be adopted by the Defendant, the Defendant was awaiting further communication from the Plaintiff.
Decision
The single judge bench of Justice Prathiba M. Singh noted that both counsels, after conferring with their respective clients, have agreed that the Defendant can adopt the name GRAND VIHAN.
“Considering the undisputed factual position, which is also established by the pleadings and documents on record and the provisions relating to `summary judgement’ under the IPD Rules, 2021, and the fact that the Defendant also does not dispute the Plaintiff’s rights, the suit itself can be finally disposed off” the court said.
The court ordered that the Defendant is permanently injuncted from using the mark/name VIVANTA/VIVAN or any other mark/name which is deceptively similar to that of the Plaintiff’s mark – VIVANTA with or without prefix or suffix in respect of any of its resorts, hotels, restaurants or any other combination for its hospitality services, resorts, hotels, restaurants or any other related services.
Case title: The Indian Hotels Company Limited v/s Grand Vivanta Vacations Private Limited
Citation: CS (COMM) 560/2022 &I.As. 12869/2022,15820/2022
