Delhi High Court: Two parallel suit was filed by popular New Delhi-based restaurant chain, Swagath (plaintiff) against a Telangana-based hospitality enterprise operating under the identical name ‘Swagath’ alleging infringement of its mark and sought cancellation of the rival’s registered trademark. Amit Bansal, J., issued notice in both proceedings and directed that the matter be listed on 27-08-2025 for consideration of interim relief.
The Plaintiff, operating popular hotels and restaurants under the name “Swagath” in New Delhi and franchise models across North India through a franchise model, approached the Court with two parallel legal remedies, a rectification petition under the Trade Marks Act, 1999 seeking cancellation of the Defendant’s registered trademark “SWAGATH” and a civil suit for injunction restraining the Defendants from using the impugned mark. The Defendant, Hotel Swagath, is a Telangana-based hotel group established in 1991, with 11 operational outlets and a registered trademark under Class 43 since 2017. The Defendant also previously ran a hotel under the same name in Dubai.
The Court directed that the plaint be registered as a suit and issued a summon and notice in the interim injunction application. Counsel for the defendant waived formal summons. In the rectification petition, the Court issued notice and granted time for filing replies and rejoinders. The procedural timelines for filing original documents, affidavits of admission/denial, and seeking inspection were also set down. At this stage, the Court declined to grant any interim injunction and deferred consideration of interim relief to the next hearing.
The Court directed to list the case on 27-08-2025 for consideration of the application for an interim injunction.
[Swagath v. Hotel Swagath, 2025 SCC OnLine Del 4831, decided on 04-07-2025]
Advocates who appeared in this case :
Mr. Hemant Singh, Ms. Mamta Rani Jha, Ms. Anupriya Shyam & Ms. Anjeeta Rani, Advocates for plaintiff
Mr. Resu Mahender Reddy, Senior Advocate with Mr. Sai Krishna Rajagopal, Mr. Shravanth Shankar, Mr. Rohit Bhardwaj, Ms. Julien George, Ms. Prerna Robin, Ms. Shwetha Bhaskar Dhanturi, Mr. Vikas Dhanturi, Mr. Resu Kaushik Reddy, Ms. Anu Parcha, Mr. Shivnath Sawhney & Ms. Alka Bisht, Advocates for defendants
Buy Trade Marks Act, 1999 HERE
