Jamboree Resorts India Llp Anr Vs Mehul Sharma

Delhi High Court Grants Interim Injunction to Jamboree Resorts in Trademark Dispute

In a recent decision, the Delhi High Court granted an ex-parte interim injunction favoring Jamboree Resorts India LLP and its partners, Ms. Priyanka Sharma and Mr. Rajinder Sharma, in their trademark dispute against Mehul Sharma and Signum Hospitality Pvt. Ltd. (SHPL). 

The Plaintiffs, proprietors of the "JAMBOREE" and "JAMBOREE CREEK" trademarks, have been operating the Jamboree Creek Yoga eco-farm homestay resort since 2013, establishing a strong market presence and goodwill. The resort is renowned for hosting yoga retreats and training, attracting international clientele and A-list Bollywood celebrities.

In November 2023, the Plaintiffs entered into a Hotel Revenue Sharing Agreement with SHPL, intended for SHPL to operate the resort under a revenue-sharing model. However, operational mismanagement by SHPL led to significant issues. The agreement was deemed void upon discovering that "Signum Hospitality and Resorts Pvt. Ltd. (SHRPL)," listed as the operator in the agreement, did not exist.

Despite the void agreement, the Defendants continued managing the resort, causing continuous mismanagement and breaches of agreement terms. After multiple unsuccessful attempts to rectify the situation, the Plaintiffs terminated the agreement on May 10, 2024, and regained possession of the resort with local law enforcement's assistance. 

However, the Plaintiffs faced challenges in managing the resort effectively as the Defendants retained control over essential online booking and social media accounts. The Plaintiffs' inability to access these accounts hindered their operations significantly.

The Plaintiffs approached the court to protect their intellectual property rights, stating their intention to operate the resort under the name "JAMBOREE CREEK YOGA Resort" and remove all references to the Defendants' "SIGNUM" trademark once access is restored.

Judge Sanjeev Narula noted the Plaintiffs' substantial goodwill and ruled that without the injunction, they would suffer irreparable harm. Consequently, the Court restrained the Defendants from using the "SIGNUM JAMBOREE CREEK" trademark or any similar mark until the next hearing, though allowed the Defendants to use "SIGNUM" independently.

Case Title:Jamboree Resorts India Llp Anr Vs Mehul Sharma

Judgement/Order Date: 16.05.2024

Case No. CS(COMM) 404 of 2024

Neutral Citation:NA

Name of Court: Delhi High Court

Name of Hon'ble Judge: Sanjeev Narula. H.J.

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com

Ph No: 9990389539