Delhi HC rules in favor of IHCL, permanently bars 'Taj Iconic' from using 'Taj' name
Delhi High Court has permanently restrained Taj Iconic Membership's managing director from using «Taj» name in its contents, corporate name, logo in a trademark suit filed by the Tata group of companies. The court directed the transfer of the domain name of Taj Iconic to IHCL.
Justice Mini Pushkarna said "...it is apparent that the use of the various contents and photographs available on the plaintiff's (IHCL) website, by the defendant (Taj Iconic) in relation to business activities, has the effect of inducing the consumers and members of the trade to falsely believe that the defendant has a direct nexus or affiliation with the plaintiff.”
“Further, the fraudulent and illegal trade activities of the defendant has also the effect of causing incalculable harm and injury to the business, goodwill and reputation associated with the plaintiff‟s associated mark,” the HC said, while directing the managing director of Taj Iconic to pay damages of to the tune of Rs 10 lakh and cost of Rs 5 lakh to IHCL, which is a part of the Tata group of companies.
Taj Iconic is not only guilty of infringement of the petitioner’s marks and photographs, but has also indulged in criminal activities by impersonating as the petitioner and defrauding a jeweller of hundred gold coins worth Rs 51 lakh, the HC said, adding that a party who chooses not to participate in the court proceedings should not be permitted to enjoy the benefits of evasion of court proceedings and must suffer the consequences of damages.
The judge in its order said that
