The Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited

Delhi High Court · 18 Oct 2022 · 2022:DHC:3909

Prathiba M. Singh

CS(COMM) 560/2022

2022:DHC:3909

civil appeal_allowed

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The Delhi High Court permitted modification of a judgment to allow the defendant to change its corporate name to 'GRAND AMANTA' instead of 'GRAND VIHAN' due to RoC rejection, while confirming all other injunctions protecting the plaintiff's well-known 'VIVANTA' mark.

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HIGH COURT OF DELHI
CS(COMM) 560/2022
THE INDIAN HOTELS COMPANY LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Advocate.

VERSUS

GRAND VIVANTA VACATIONS PRIVATE LIMITED ..... Defendant
Through: Ms. Shilpi Gamnani, Advocate for Mr. Abhishek Malhotra, Advocate
(M-9971053888).

CORAM:

JUSTICE PRATHIBA M. SINGH O R D E R 18.10.2022

JUDGMENT

1. This hearing has been done through hybrid mode. I.A. 17076/2022 (for modification)

2. This is an application filed by the Defendant, seeking modification of the judgment dated 26th September, 2022. By the said judgment, the Defendant - Grand Vivanta Vacations Pvt. Ltd., had agreed to change its name from ‘GRAND VIVANTA’ to ‘GRAND VIHAN’. The operative portion of the said judgment is set out below:

“25. The Defendant is permanently injuncted from using the mark/name VIVANTA/VIVAN or any other mark/name which is deceptively similar to that of the Plaintiff’s mark - VIVANTA with or without prefix or suffix in respect of any of its resorts, hotels, restaurants or any other combination for its hospitality services, resorts, hotels, restaurants or any other related services. The permanent injunction would be liable to be granted in terms of paragraphs 60(i) to(iii) of the plaint. Further, the Defendant shall also stand restrained from using the domain name www.grandvivanta.com which shall stand transferred

in favour of the Plaintiff by the Defendant within one week. The concerned Domain Name Registrar shall give effect to the orders immediately upon request from the Defendant.

26. Insofar as paragraph 60(v) of the plaint is concerned, all the seized goods as also the goods bearing the mark VIVANTA/VIVAN in the Defendant’s resorts shall be destroyed by the Defendant in the presence of the Plaintiff’s representative.In addition the Defendant shall pay a cost of Rs.[6] lakhs considering the fact that the Plaintiff has deposited the court fee, also incurred the expenses in executing the commission. Subject to the payment of above costs imposed, the Plaintiff does not press for the relief of rendition of accounts or damages.

27. The suit stands decreed in the above terms as also paragraphs 60(i) to (v) and paragraph 60(viii) along with the cost of Rs.[6] lakhs to be paid by 15th October, 2022. In view of the facts pleaded, it is clear that the VIVANTA mark has clearly achieved the status of a well-known mark and is declared as such.Remaining reliefs are not pressed.

28. The Defendant is, however, permitted to use the name GRAND VIHAN, for its resort, online platform as well as on its mobile application. The permanent injunction passed today shall come into effect from 1st November, 2022.”

3. The present application has been necessitated due to the Registrar of Companies (hereinafter “RoC”), having rejected the name ‘GRAND VIHAN’ for the Defendant, which had been approved vide judgement dated 26th September, 2022.

4. It is submitted by the ld. Counsel for the Defendant today, that the Defendant has now agreed to change the name to ‘GRAND AMANTA VACATIONS PVT. LTD’, the availability of which has been confirmed by the RoC.

5. Ld. Counsel for the Plaintiff, Mr. Anand, who has appeared virtually today, has no objection with the Defendant using the aforementioned name - ‘GRAND AMANTA HOTELS & RESORTS PRIVATE LIMITED’, instead of ‘GRAND VIHAN’, which was the earlier approved name.

6. It is further submitted by the ld. Counsel, that the Defendant has procured the domain name ‘www.grandamanta.com’, and seeks two months time to effect the complete change over. The Defendant has suggested running of a disclaimer in the meantime, to which the ld. Counsel for the Plaintiff has an objection.

7. Considering the content of the application and the submissions made by the ld. Counsel for the Plaintiff today, the following directions are issued: a) The Defendant is now permitted to use the name ‘GRAND AMANTA’ instead of ‘GRAND VIHAN’ as part of its trade name, corporate name and the name of its chain of resorts, hotels and establishments. b) Insofar as the timelines are concerned, the Defendant is permitted time until 30th November, 2022, to effect all the changes strictly in terms of the judgement dated 26th September, 2022, including that of the domain name.

8. All the remaining directions in the said judgement dated 26th September, 2022, stand confirmed, subject to the above modification.

9. It is made clear that the transfer of the domain name ‘www.grandvivanta.com’, to the Plaintiff shall be made by 30th November,

2022. Until 30th November, 2022, the Defendant is permitted to redirect the traffic to the new domain name, being ‘www.grandamanta.com’.

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10. Accordingly, I.A.17076/2022, is disposed of.

11. The present order shall be uploaded as a corrigendum to the judgment dated 26th September, 2022.

PRATHIBA M. SINGH, J. OCTOBER 18, 2022 Rahul/SS

The Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited

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