Fact of the Case:
The Indian Hotels Company Limited (plaintiff), part of the Tata Group and owner of the renowned TAJ brand, filed a suit against Gaurav Roy Bhatt & Anr. (defendants) for infringement of their TAJ trademarks, copyright, and passing off. The plaintiff has been operating under the TAJ marks since 1903, with its first hotel being The Taj Mahal Palace, Mumbai. The plaintiff has expanded its hospitality services across 13 countries and more than 130 locations globally. The plaintiff alleged that the defendants' activities were unauthorized and detrimental to the goodwill and reputation of the TAJ marks.
Procedural Background (in brief):
The suit was filed in 2023, and summons were issued on 10th October 2023. On the same date, the Court granted an ex-parte ad-interim injunction and appointed a Local Commissioner. The defendants appeared on 21st November 2023 and filed a written statement. On 24th January 2025, the defendants conceded and agreed to a decree of permanent injunction. Subsequently, the plaintiff pressed for a declaration of its TAJ marks as well-known trademarks under Section 2(1)(zg) of the Trade Marks Act, 1999, which was not opposed by the defendants. The plaintiff filed supporting affidavits and led evidence, following which the Court proceeded to decide the issue.
Provision of law referred in case and context:
The Court referred to and relied upon the statutory framework under Section 11(6) and 11(7) of the Trade Marks Act, 1999, which lists the factors to be considered in determining whether a mark qualifies as a well-known trademark. These provisions highlight the importance of a mark’s recognition among the public, its duration and geographical extent of use and promotion, its registrations, and its enforcement history. The Court also cited its previous judgment in The Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited, CS(COMM) 560/2022, where the plaintiff’s "VIVANTA" mark was declared a well-known trademark in relation to hotels.
Reasoning of Court:
The Court observed that the plaintiff had satisfied all the statutory factors outlined under Sections 11(6) and 11(7) of the Trade Marks Act. The Court noted that the TAJ marks had been in continuous and extensive use since 1903 and were widely recognized in India and internationally. The Court also relied on the plaintiff’s substantial presence in the hospitality industry with over 350 hotels globally, widespread advertising and promotions, significant revenue and brand recognition. The Court accepted the evidence showing that the TAJ marks had been awarded and recognized across multiple platforms, had a large social media following, and were associated with India’s heritage and culture. Additionally, the plaintiff had a successful record of enforcing its trademark rights against third parties in previous suits. On this basis, the Court concluded that the TAJ marks enjoy immense goodwill and reputation, thereby fulfilling the criteria for being declared as well-known marks under Indian trademark law.
Decision:
The Court passed a decree of permanent injunction against the defendants in terms of the plaintiff’s earlier reliefs and declared the TAJ marks as well-known trademarks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.
Case Title: The Indian Hotels Company Limited Vs Gaurav Roy Bhatt
Date of Order: 11th March 2025
Case Number: CS(COMM) 717/2023
Neutral Citation: 2025:DHC:1714
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal
