Delhi High Court Restrains Entity From Infringing Tata's Vivanta Trademark
The Delhi High Court has restrained an entity from infringing the trademark of Tata Group's Indian Hotels Company Limited which runs and operates hotel brand 'Vivanta'.
Justice Manmeet Pritam Singh Arora passed an ad-interim injunction restraining the use of 'Vivanta Stays' or any other mark deceptively similar to Vivanta.
The development comes in a trademark infringement suit preferred by IHCL.
Significant to note that VIVANTA was declared as a well-known trademark by the High Court back in 2022. The mark was first coined and adopted in the year 2008 and has since expanded to 35 hotels across 33 destinations.
IHCL alleged that Vivanta Stays claims to offer luxury vacations for travelers by curating villas in various cities such as Goa, Alibaug, Nashik, Lonavala, etc. However, it appears to be untraceable and IHCL has received many complaints by users with respect to its fraudulent acts.
IHCL was also aggrieved by the use of the mark VIVANTA REALTY by another entity.
The High Court agreed that use of identical mark 'VIVANTA' by Defendant Nos. 1 and 2 for running their business of offering vacations/packages and reality business ex-facie infringes the IHCL's well-known trademark 'VIVANTA'.
During the course of hearing, Defendant no.2 undertook to discontinue the use of VIVANTA REALTY.
As such, the Court passed an interim injunction order against Defendant no.1, stating that “it would be in the interest of the unwary consumers that the said Defendant is injuncted from using the Plaintiff's trademark to lure them.”
The main suit is listed on February 26, next year.
Appearance: Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Nimrat Singh and Mr. Dhananjay Khanna, Advs. for Plaintiff
Case title: the Indian Hotels Company Limited v. Vivanta Stays
Citation: 2025 LiveLaw (Del) 1360
Case no.: CS(COMM) 1109/2025