03 May 2024 Trademark Laws in India >> Intellectual Property Rights  

In a recent legal development, the Indian Hotels Company Limited, a prominent entity within the TATA group, has secured an interim injunction against Shivgyan Builders, amidst allegations of trademark infringement and passing off. The dispute centres around the unauthorized use of the trademark "VIVANTA" by Shivgyan Builders in relation to their luxury accommodation projects.

Facts:

Indian Hotels Company Limited, renowned for its chain of hotels under the "VIVANTA" and "VIVANTA BY TAJ" brands, has established significant goodwill and reputation in the hospitality industry. In their application before the court, they highlighted extensive financial investments in promoting these brands, underlining their substantial presence and recognition. The dispute arose when Indian Hotels Company Limited discovered Shivgyan Builders’ use of the identical mark "VIVANTA" in advertisements for their luxury residential projects. This unauthorized use was initially noticed through a newspaper advertisement and later confirmed by an online investigation. Despite issuing a legal notice to Shivgyan Builders, the Plaintiff received no response, prompting them to seek legal recourse to protect their intellectual property rights.

Court Proceedings and Decision:

In response to the application for an ad-interim ex-parte injunction filed by Indian Hotels Company Limited, the court examined the facts presented. It noted the substantial risk of consumer confusion and potential harm to the Plaintiff’s reputation due to the overlapping nature of services and identical marks used by Shivgyan Builders. The court found a prima facie case of trademark infringement and passing off in favor of Indian Hotels Company Limited. Considering the urgency and the balance of convenience, the court granted an ex-parte ad-interim injunction, thereby restraining Shivgyan Builders from further unauthorized use of the "VIVANTA" trademark. This injunction prevents Shivgyan Builders from using the mark in any manner, both online and offline, until further notice from the court.

Implications and Next Steps:

The granting of this interim injunction marks a significant step in the legal proceedings initiated by Indian Hotels Company Limited to safeguard their trademark rights. Shivgyan Builders are now required to respond within specified timelines, adhering to legal procedures outlined by the court. The case will proceed with further hearings focused on marking exhibits and framing issues related to the dispute. This development underscores the importance of intellectual property protection in commercial disputes, particularly in cases involving reputed trademarks and potential consumer confusion. As the legal battle progresses, both parties will continue to present their arguments and evidence, with the court expected to delve deeper into the merits of the case in subsequent hearings.

Conclusion:

The interim injunction granted in favor of Indian Hotels Company Limited reflects the court’s recognition of the potential harm posed by trademark infringement and passing off. It serves as a temporary but crucial measure to maintain the integrity and distinctiveness of the "VIVANTA" trademark, pending a final resolution of the dispute through the judicial process.

As the legal landscape evolves, stakeholders in intellectual property and commercial law will keenly observe the outcome of this case, which could set precedents for future disputes involving trademark rights and consumer protection in the hospitality and real estate sectors.

  COMMERCIAL COURTS ACT, 2015