Media

In a significant ruling, the Hon’ble Delhi High Court has restrained Anantara Spa and Massage from adopting, advertising, promoting, marketing, offering, or rendering spa, massage, or wellness services using the marks ‘ANANTARA’, ‘ANANTARA SPA’, or any deceptively similar marks or logos, 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 demonstrated that the Defendant had unlawfully adopted the name ‘ANANTARA SPA’ and identical logos for a spa centre in Ajmer, Rajasthan, while also maintaining an online presence through the website massageinajmer.in.

The Plaintiffs established that the Defendant’s unauthorised promotion of massage services under the brand caused grave dilution by tarnishment to the globally recognised luxury hotel and spa trademark. Given the urgent interim relief sought, the Court also granted exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.

The Court observed:

“The intent behind adopting the impugned marks appears to be sail close to the Plaintiffs and encash on the formidable reputation and goodwill for unlawful financial gains by misrepresenting to the public that Defendant’s services have an association or a commercial nexus with the Plaintiffs, and this is causing irreparable harm and injury to the Plaintiffs, besides dilution of the ANANTARA trademarks.”

The interim order reinforces judicial protection against trademark tarnishment and bad-faith misappropriation in the luxury hospitality and wellness sectors, mandating that the Defendant remove, erase, and delete all references to the impugned marks across websites, metadata, promotional collaterals, and digital directory listings within three weeks.

Kochhar & Co. successfully represented the Plaintiffs in securing this comprehensive ex parte relief. The matter was led by Delhi Partner Mr. Amit Kumar Panigrahi, supported by Mr. Sahil Arora, Principal Associate; Mr. Akash Chaudhary and Mr. Samanyu Bhatnagar, Senior Associates; and Ms. Ishikaa Seth, Associate.