Six Continents Hotels submitted that it had registered the mark ‘Holiday Inn’ in 1964 and the same has been designated as a well-known trademark in India.
It was claimed that Fernandes subsumed the complete mark in its name ‘Hotel Jerome’s Holiday Inn’.
The Court observed that a prima facie case has been made out warranting an interim injunction against the Goan hotel.
“Based on a preliminary appreciation of the matter, this court is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the balance of convenience also lies in favour of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted,” the Court observed.
Six Continents Hotels submitted that it had registered the mark ‘Holiday Inn’ in 1964 and the same has been designated as a well-known trademark in India.
It was claimed that Fernandes subsumed the complete mark in its name ‘Hotel Jerome’s Holiday Inn’.
The Court observed that a prima facie case has been made out warranting an interim injunction against the Goan hotel.
“Based on a preliminary appreciation of the matter, this court is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the balance of convenience also lies in favour of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted,” the Court observed.
