The Delhi High Court has issued an ex-parte interim injunction in favor of the renowned hospitality brand, Holiday Inn, in a trademark infringement lawsuit against Jerome Fernandes and his hotel in Goa, as documented in the case Six Continents Hotels, Inc Vs Mr Jerome Fernandes. This legal action, presided over by Justice Anup Jairam Bhambhani, resulted in an order on August 17, prohibiting Fernandes from utilizing the trademarks ‘Hotel Jerome’s Holiday Inn’ and ‘Holiday Inn’.
Furthermore, the court has mandated the removal of all advertisements and listings related to Fernandes’ establishment from popular travel platforms, including Goibibo, MakeMyTrip, TripAdvisor, and Trivago. The decision underscores the protection of brand identity and trademarks within the hospitality industry.
The lawsuit was initiated by Six Continents Hotels, the entity responsible for the Holiday Inn brand in India, functioning under the umbrella of the international hospitality giant, InterContinental Hotels Group (IHG). According to Six Continents Hotels, their trademark ‘Holiday Inn’ was officially registered in 1964 and has since achieved recognition as a well-known trademark in the Indian market.
The plaintiff argued that Fernandes had incorporated the complete ‘Holiday Inn’ trademark into his hotel name, ‘Hotel Jerome’s Holiday Inn’, which constituted an infringement. The court recognized that a prima facie case was established in favor of Six Continents Hotels, thus justifying an interim injunction.
Justice Anup Jairam Bhambhani remarked, “Based on a preliminary appreciation of the matter, this court is of the view that the plaintiff has succeeded in making out a prima facie case in its favor; that the balance of convenience also lies in favor of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted.”
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The legal representation for Six Continents Hotels was provided by Advocates Nancy Roy and Prakriti Varshney. The court’s decision is a significant reinforcement of trademark protection, emphasizing the importance of safeguarding established brand identities in the competitive hospitality sector.
[Read order]
