Delhi High Court: Asha Menon, J., in a trademark infringement case, restrained the ‘Courtyard Holidays World Private Limited’ from using the impugned marks “COURTYARD”, “COURTYARD HOLIDAYS”, “COURTYARD HOLIDAYS WORLD”, and/or any other mark/logo or label and/or domain name which is identical or similar to the Plaintiff’s registered trademarks “COURTYARD”.
Instant suit was filed for permanent injunction restraining infringement of trademarks, passing off, dilution, unfair, competition rendition of accounts, damages, etc.
Plaintiff’s counsel, Pravin Anand submitted that interim directions may be issued and added that the plaintiff was the registered proprietor of the word mark “COURTYARD”. Plaintiff operated across 138 countries worldwide and has 126 hotels in India and is a well-known brand. Further the plaintiff has other registered logos as well which is used alongwith or without “Marriot”.
The defendant had sought to copy the trademark “COURTYARD” as part of its corporate name as well as a domain name.
Further, on the website of the defendant, the properties of the plaintiff have been displayed, to mislead the people. The domain name <courtyardholidaysworld.com> has also been mentioned, which is a direct copy of the registered trademark of the plaintiff.
It was admitted that the defendant had also got the registration for label ‘COURTYARD HOLIDAYS WORLD’. Plaintiff placed documents stating that when the registry itself raised objections drawing attention to the registered marks of the plaintiff, the defendant falsely stated that the plaintiff has not used the trademark/ brand name in India and he himself was the prior user of the word “COURTYARD”.
Analysis and Discussion
High Court in view of the above, expressed that since the registration had apparently been obtained on false representation, the present matter appeared to be unique in its facts and thus the Court restrained the defendant from using the impugned marks COURTYARD, COURTYARD HOLIDAYS, COURTYARD HOLIDAYS WORLD, and/or any other mark, logo or label and or domain name identical or similar to the plaintiff’s registered trademarks COURTYARD in any manner including, without limitation, as part of a trade/corporate name, domain name, or on websites, social media accounts, and on third-party websites and platforms, as well as in metatags, metadata or purchased keywords in relation to advertising, promotion or other online references or any other goods or services.
Matter to be listed before the Joint Registrar on 12-4-2022 for completion of service and pleadings. [Marriott Worldwide Corpn. v. Courtyard Holidays World (P) Ltd., 2022 SCC OnLine Del 230, decided on 20-1-2022]
Advocates before the Court:
For the plaintiff: Mr Pravin Anand, Ms Vaishali Mittal and Mr Souradeep Mukhopadhyay, Advocates