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In a significant ruling, the Hon’ble Delhi High Court has decreed a commercial suit instituted by MHG IP Holding (Singapore) Pte Ltd & Ors. and permanently restrained Evergreen Dealcom Pvt Ltd & Ors. from using the mark ‘ANANTARA’ or any deceptively similar mark, including ‘ANANTARA DOWNTOWN’, ‘ANANTARA RESIDENTIAL RESORT’, ‘ANANTARA-II’, ‘ANANTARA RESIDENCE’ and ‘ANANTARA BLOCK BUILDING’, as a trademark, project name, trading style or online identifier, in relation to real estate, hospitality or allied services.

The Plaintiffs, proprietors of trademarks forming part of Minor Hotels’ luxury hospitality brand portfolio, established that the Defendants had adopted the identical mark ‘ANANTARA’ for residential township projects in Jabalpur, Madhya Pradesh, which they promoted through property portals and social media. The Plaintiffs hold registrations for ‘ANANTARA’ in India, including in Class 36 for real estate services.

The Plaintiffs further demonstrated the Defendants’ malafide intent through their use of ‘ANANTARA DOWNTOWN’, a name identical to the Plaintiffs’ hotel, Anantara Downtown Dubai. The Defendants ignored the Plaintiffs’ cease-and-desist notices and failed to participate in pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.

The Court had granted an ex parte ad-interim injunction on 18 March 2026. Despite due service, the Defendants failed to appear; their right to file a written statement was closed, and they were proceeded against ex parte.

Allowing the Plaintiffs’ application for summary judgment, the Court decreed the suit on the unrebutted pleadings and documents on record, without requiring ex parte evidence, and made the interim injunction absolute.

While granting interim relief, the Court had observed:

“…it appears that the marks are not only similar but deceptively similar and are in relation to similar services and for the consumers who would form the common base. Such use is likely to cause confusion, deception, association with the registered mark of the plaintiffs and may cause dilution to the trademark of the plaintiffs.”

The decree reaffirms the Hon’ble Delhi High Court’s stance against the misappropriation of reputed hospitality brand names in allied sectors such as real estate. It also confirms that defendants who choose to stay away from proceedings cannot stall the enforcement of a proprietor’s rights.

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