The Court issued an injunction restraining the Defendants from using the marks “GINGER TREE,” “Ginger Tree Goveia Suites,” “Ginger Tree Boutique Hotel,” or any other mark that is deceptively similar. The Court found that the use of these marks by the Defendants constituted trademark infringement and/or passing off.
In its ruling, the Court thoroughly examined the evidence presented and determined that the Defendants' use of the aforementioned marks was likely to cause confusion among consumers. This confusion arises from the similarities between the Defendants' marks and the Plaintiff's established "GINGER" marks, which have garnered substantial recognition and goodwill in the marketplace.
Trademark infringement occurs when a party uses a mark that is identical or confusingly similar to a registered trademark owned by another party, without authorization, in a manner that is likely to confuse consumers regarding the source or origin of the goods or services. In this case, the Court concluded that the Defendants' marks were not only similar in appearance and sound but also conveyed a similar commercial impression to the Plaintiff’s “GINGER” marks.
Additionally, the Court found that the Defendants were engaged in passing off, a deceptive practice where one party misrepresents their goods or services as being associated with another party, thereby exploiting the latter’s established reputation and goodwill. The use of “GINGER TREE” and related marks by the Defendants was deemed a deliberate attempt to benefit from the Plaintiff's established brand reputation and to mislead consumers into believing there was an affiliation or endorsement by the Plaintiff.
This decision is significant as it underscores the importance of protecting trademark rights and maintaining the distinctiveness of a brand. By issuing the injunction, the Court aims to prevent any further unauthorized use of the Plaintiff's marks, thereby safeguarding the Plaintiff’s brand identity and reputation. The injunction ensures that the Plaintiff retains exclusive rights to the "GINGER" marks, preventing consumer confusion and protecting the brand from dilution and potential harm to its market position.
By enforcing the Plaintiff's exclusive rights to their "GINGER" marks, the Court's decision reinforces the integrity of trademark laws and provides a robust framework for the protection of intellectual property rights.
Case Title: The Indian Hotel Co Ltd. Vs Sagar Wadhwani
Order Date: 16.05.2024
Case No. CS(COMM) 406/2024
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,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539
