Delhi HC Restrains “Taj Iconic Membership” From Using Registered Trademark “TAJ” Of Taj Hotels

The Court was hearing a Suit seeking an order of permanent injunction restraining infringement of registered trademarks and copyrights, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts, delivery up, etc.

The bench of Justice Mini Pushkarna observed, “the action of the defendant in adopting the plaintiff‟s marks, photographs and content, is malafide, deliberate, and intentional and thus, constitutes infringement.”

Advocate Pravin Anand appeared for the Appellant.

Brief Facts-

The Plaintiff is a part of the TATA Group, which operates the renowned Taj Hotels, including the iconic Taj Mahal Palace in Mumbai. They filed a lawsuit against the defendant and his entity "Taj Iconic Membership." The Plaintiff alleged that Manoj has unlawfully used their well-known and registered trademark "TAJ," as well as copyrighted content, including photographs from their website. The defendant registered a website and misrepresented themselves as being associated with the Plaintiff. Hence, the present Suit.

The Court noted that the plaintiff has no connection or association with the defendant and has not authorised the defendant to use the said marks, logos, photographs and content.

The Court said that the defendant’s infringing activity is bound to cause confusion in the minds of the unwary consumers, who will assume the defendant’s services and packages to have originated from the plaintiff.

The Court mentioned the decision in Cartier International AG and Others v. Gaurav Bhatia where according to the Court it was held, “a party who chooses not to participate in Court proceedings, should not be permitted to enjoy the benefits of evasion of Court proceedings and must suffer the consequences of damages.”

The Court said that the use of the various contents and photographs available on the plaintiff’s website, by the defendant in relation to business activities, has the effect of inducing the consumers and members of the trade to falsely believe that the defendant has a direct nexus or affiliation with the plaintiff.

The Court further observed, “the fraudulent and illegal trade activities of the defendant has also the effect of causing incalculable harm and injury to the business, goodwill and reputation associated with the plaintiff’s associated mark.”

Accordingly, the Court awarded damages to the tune of ₹10L and a cost of ₹5L in favour of the Plaintiff.

Finally, the Court disposed of the Suit.

Cause Title: The Indian Hotels Company Limited v. Manoj (Neutral Citation: 2024:DHC:6560)

Appearance:

Adv. Pravin Anand, Adv. Achuthan Sreekumar, Adv. Rohil Bansal and Adv. Swastik Bisarya

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