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After Rajastan High Court‘s decision on Hilton’s, now it’s the Bombay High Court. The Bombay High Court on 5th April 2011 restrained Royal Orchid Hotels Ltd from using the word ‘Orchid’. The dispute was between Kamath Hotels India Ltd and Royal Orchid Hotels Ltd. Kamath Hotels is the registered proprietor of the mark ‘Orchid’ in Class 42 whereas Royal Orchids has been using the mark. Reports state that Royal Orchids had begun the use of the mark sometime between January and September 1997 in relation to the business of its Hotel Orchid in Mumbai. Hearing the case, the Bombay High Court held that the use of the mark and the device of a flower by Royal Orchid Hotels amounted to infringement on the trademark belonging to Kamath Hotels as they were the registered proprietors.
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1 comments:
Well, ORCHID is a registered brand of Kamat hotels since long.
The same name can not be used in the same industry is for sure.
What if some one use ORCHID for other products, NOT SERVICE INDUSTRY?
Suppose some one imports a product or range of products in the name of ORCHID which is also a registered brand in the country of ORIGIN, what will be the legal problem the importer will face as the products are indented for sale in India but not manufactured in India.
Some authority pl suggest.
thanks.
vallal.
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