Delhi High Court Grants Interim Injunction Against Use Of Tata's Vivanta Trademark

The Delhi High Court has granted interim injunction against the unauthorized and conspicuous use of the name of Tata's famous Hotel chain 'Vivanta' restraining ‘Vivanta Stays’ and any other deceptively similar Trademarks.

The Court was considering an Application filed by 'The India Hotels Company Limited' under Order XXXIX Rule 1 and 2 CPC seeking grant of ex-parte ad-interim injunction against use of its trademark 'Vivanta'.

The Bench Justice Manmeet Pritam Singh Arora observed, "Defendant Nos. 1 to 2, their directors and all others acting for and on behalf of them are hereby restrained from unauthorizedly using the Plaintiff’s well-known and registered trademark ‘VIVANTA’ for its infringing activities bearing the marks VIVANTA STAYS/VIVANTA REALTY or any other mark deceptively similar mark thereto in any form or manner [both online and offline amounting to infringement of the Plaintiff’s various VIVANTA trademark registrations, the details of which are mentioned at paragraph 14 of the plaint."

The Applicant was represented by Advocate Pravin Anand.

Facts of the Case

In April, 2025, the Plaintiff found out about Defendant No. 1 using the Plaintiff's registered mark ‘VIVANTA’ for its unauthorized and conspicuous business ‘Vivanta Stays’ on its website as well on third-party e-platforms such as X, Facebook, Instagram, Pinterest and YouTube.

A cease-and-desist notice was issued. In their reply, the Defendant stated that they are willing to remove the impugned mark; that they are already in the process of rebranding; and that their YouTube channel has been taken down. However, later the Plaintiff came across an article which provided an elaborate report on Defendant No. 1’s business and its expansion.

It was stated that the Plaintiff, incorporated by the TATA Group in 1902, is one of the pioneers in the hospitality industry and its subsidiaries bring together a group of brands and businesses that offer a fusion of warm Indian hospitality and world-class service. These include Taj - the hallmark of iconic hospitality, SeleQtions, Vivanta, and Ginger.

It was submitted that Plaintiff has a portfolio of 200 + hotels including 40 under development globally across 4 continents, 12 countries and in over 80 locations. The Counsel for the Plaintiff argued that they first coined and adopted the mark ‘VIVANTA’ for its hotels and other services in the year 2008. The Plaintiff is the registered proprietor of the well-known trademark ‘VIVANTA' and has 35 VIVANTA hotels across 33 destinations and the Plaintiff has a website available dedicated to its hotels under the brand.

It was argued that the Court through Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited declared the Plaintiff’s registered trademark –‘VIVANTA’ as a well-known trademark and the same has acquired distinctiveness with the business activities of the Plaintiff and the same entitles the Plaintiff to take action against its unauthorized use by third-parties.

Reasoning By Court

The Court ruled that the use of identical mark ‘VIVANTA’ by Defendant Nos. 1 and 2 for running their business of offering vacations/packages and reality business ex-facie infringes the Plaintiff’s well-known trademark ‘VIVANTA’.

It also objected to the domain name used by Defendant No. 1 and further held, "The averments made in the plaint also show that Defendant No. 1 appears to be a fraudulent entity who is untraceable. The plaint states that there are complaints by users with respect to the fraudulent acts of Defendant No. 1. Therefore, vis-à-vis Defendant No. 1, it would be in the interest of the unwary consumers that the said Defendant is injuncted from using the Plaintiff’s trademark to lure them. The adoption of Plaintiff’s wellknown trademark ‘VIVANTA’, which has tremendous goodwill in the hospitality industry for the activities of vacation and villas by Defendant No. 1 appears to be deliberate and mischievous as the consumers may be led to believe that these are services being offered by the Plaintiff."

The matter was accordingly listed for February 02, 2025.

Cause Title: The India Hotels Company Limited v. Vivanta Stays & Ors.

Appearances:

Plaintiff- Advocate Pravin Anand, Advocate Dhruv Anand, Advocate Udita Patro, Advocate Nimrat Singh and Advocate Dhananjay Khanna

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