In a trademark and copyright case between Indian Hotels Company Limited and Manoj, the Delhi High Court ruled in favor of The Indian Hotels Company Limited (“IHCL”). IHCL, known for its “TAJ” brand and ownership of the Taj Mahal Palace Hotel, sought a permanent injunction, damages, and other reliefs against Manoj, the owner of the website “www.tajiconicmembership.com,” for unauthorized use of its registered trademarks and copyrighted materials.
IHCL’s Arguments
IHCL argued that the defendant had used its well-known “TAJ” trademark as part of his business name and domain, creating confusion among consumers by falsely suggesting an affiliation with IHCL. The plaintiff also contended that the defendant had copied copyrighted photographs from IHCL’s website, including images of the Taj Mahal Palace Hotel. In addition, IHCL alleged that Manoj had impersonated the company to commit fraud, including an incident where a jeweler was defrauded of gold coins worth over Rs. 51 lakhs.
The Court’s Decision
The court found that IHCL had established substantial goodwill and reputation in the “TAJ” trademark, which has been in use since 1903. It determined that the defendant’s unauthorized use of the mark and content was likely to mislead consumers and constitute infringement of both trademarks and copyrights. Given that the defendant had not appeared in court or offered any defense, the court concluded that the plaintiff was entitled to a summary judgment under Order XIII-A of the Civil Procedure Code, 1908.
The court issued a permanent injunction, restraining the defendant from using the “TAJ” mark, associated logos, or domain names. It also ordered the transfer of the defendant’s domain, “www.tajiconicmembership.com,” to IHCL. Additionally, the court awarded IHCL Rs. 10 lakhs in damages and Rs. 5 lakhs in legal costs, noting that the defendant’s actions had caused harm to the plaintiff’s business and reputation.
Citation: The Indian Hotels Company Limited v. Manoj, CS(COMM) 683/2022 & I.A. 35307/2024 (H.C. Delhi Aug. 30, 2024). Available at: http://indiankanoon.org/doc/70814687/.
