Media

In a significant ruling, the Hon’ble Delhi High Court has restrained Anantara Spa & Anr. from adopting, using, registering, advertising, displaying, or otherwise dealing in the marks ‘ANANTARA’, ‘ANANTARA SPA’, or any deceptively similar marks or logos, in relation to spa, wellness, massage, relaxation, or hospitality services, without authorisation from MHG IP Holding Singapore Pte Ltd & Ors.

The order was passed in a commercial suit instituted by the Plaintiffs, proprietors of trademarks forming part of Minor Hotels’ luxury hospitality brand portfolio. The Plaintiffs established that the Defendants were offering wellness and allied services under the name ‘ANANTARA SPA’ and operating the infringing website, anantaraspa.co.in.

The Court took note of the Plaintiffs’ prior statutory rights and observed that the addition of the generic term ‘SPA’ aggravated the likelihood of confusion rather than distinguishing the Defendants’ services.. It also considered the earlier arbitral proceedings under the .IN Domain Name Dispute Resolution Policy (INDRP), directing the transfer of the deceptive domain anantaraspa.co.in to the Plaintiffs.

The Court also granted the Plaintiffs exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. While granting interim relief, the Court observed:

“The plaintiffs have succeeded in making-out a prima-facie case in their favour; that the balance of convenience also lies in favour of the plaintiffs and against the defendants; and it would appear that irreparable loss and injury would be caused to the plaintiffs if the interim injunction as prayed-for is not granted.”

The interim ruling reaffirms the Delhi High Court’s firm stance against digital brand piracy and commercial free-riding. The comprehensive ad interim relief granted includes the immediate deactivation, suspension and takedown of the infringing domain name, associated online business listings and social media accounts.

Kochhar & Co. successfully represented the Plaintiffs in securing this significant interim relief. The matter was led by Delhi IP Partner Mr. Amit Kumar Panigrahi, with support from Mr. Sahil Arora, Principal Associate; Mr. Akash Chaudhary and Mr. Samanyu Bhatnagar, Senior Associates; and Ms. Ishikaa Seth, Associate.