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THE INDIAN HOTELS COMPANY LIMITED vs VIVANTA HOSPITALITY PRIVATE LIMITED

The plaintiff, THE INDIAN HOTELS COMPANY LIMITED incorporated on 1st April, 1902 is a part of TATA Group of Companies and offers hospitality services under the mark VIVANTA, filed the suit against VIVANTA HOSPITALITY PRIVATE LIMITED to restraints them from using the mark “VIVANTA VACATION CLUB”, deceptively similar to their earlier mark “VIVANTA”.

It was Plaintiff’s case that the defendant was using their mark as part of it’s firm name, trademark and domain name “VIVANTA HOSPITALITY PRIVATE LIMITED”, VIVANTA VACATION CLUB and www.vivantahospitalitty.com respectively which was creating confusion among the customers as they had received more than 100 consumer complaints made by customers who were under the impression that the defendant is associated with the plaintiff.

Hon’ble Judge Sh. AMIT BANSAL held that Defendant has infringe the trademark of the plaintiff and thereby, decreed in favor of the Plaintiff.