ITC Limited v. Central Park Estates (P) Ltd., CS (COMM) 781 of 2022, decided on 14-11-2022
Introduction
Intellectual Property (IP) is the backbone for Protecting Your Brand today. It plays a crucial role in protecting innovation, creativity, and the rights of inventors and creators. In a world where ideas are constantly being shared and copied, it is essential to safeguard one’s intellectual property to prevent unauthorized use and exploitation. This is why understanding IP and its importance is critical for any individual or organization that wishes to succeed in today’s competitive market. In this blog, we will explore the case of ITC Limited v Central Park Estates Private Limited & Anr, which highlights the significance of protecting one’s IP rights specifically trademark, particularly in the hospitality industry.
Background of the case
Balkh Bukhara began its hospitality business in 1975 and is reputed to be one of India’s leading private sector firms with operations spanning multiple industries, including Fast-Moving Consumer Goods (FMCG), Hotels, Paperboards and Packaging, Agri-Business, and Information Technology.
In ITC Limited v. Central Park Estates Private Limited & Anr, the Delhi High Court protected the “Bukhara” trademark for restaurants and other hospitality services. In this regard, the restaurant has filed a lawsuit against Central Park Estates Pvt. Ltd and St. Jerome Hospitality Management Services Pvt. Ltd.
Since 1975, ITC ltd. has been in the hospitality industry, managing and operating hotels worldwide. In the late 1970s, ITC ltd. chose the name “Bukhara” for its restaurant in the ITC Maurya Hotel in Chanakyapuri, New Delhi.
The restaurant grew and gained a national reputation for excellence over time. Numerous celebrities, presidents, and leaders of the state have dined at this establishment. Additionally, ITC Ltd operates the websites www.itcportal.com and www.itchotels.in, which display its use of “Bukhara” Consequently, it is asserted that “Bukhara” has become a well-known brand.
Facts of the case
The legal battle arose when a restaurant adopted the mark “Balkh Bukhara” for their restaurant in the Central Park Resorts in Gurgaon. They also received “intended to be used” registrations for the marks “Balkh Bukhara Restaurant” and “Balkh Bukhara” logos.
Defendants had also copied other aspects of the “Bukhara” restaurant, like the name, logo, font, interiors, décor, seating style, and staff uniform. They also copied the wooden menu and imitated the whole look and feel of the restaurant for their commercial establishment.
Arguments presented by the ITC
- Whether the mark “Balkh Bukhara” adopted by the Defendants is deceptively similar to ITC’s well-known trademark “Bukhara” for restaurants and other hospitality services.
- Whether ITC’s mark “Bukhara” is a well-known trademark under Section 2(zg) of the Indian Trademarks Act.
- Whether the Defendants infringed ITC’s trademark rights by copying other aspects of the “Bukhara” restaurant, like the name, logo, font, interiors, décor, seating style, and staff uniform.
The judgment
The court ruled that the plaintiff’s supporting documents indicate that not only was the mark ‘BUKHARA’ organically associated with Indian cuisine. But also ruled that the plaintiff’s restaurant was a frequent stop for foreign celebrities and dignitaries. Thus, the renown and global distinction obtained by the plaintiff’s mark ‘BUKHARA’ were well-established, and the plaintiff had internationalized Indian food.
The Delhi high court referenced the US Court’s decision in ITC Ltd. v. Punchgini, Inc., 552 US 827 (2007), in which the plaintiff failed to defend the ‘BUKHARA’ trademark in the United States. However, the Court determined that the US Court’s decision was inapplicable in India since it was evident from the record that the ‘BUKHARA’ mark originated in India and earned great goodwill and repute not only among Indians but also among foreigners who visited India.
Established as a well-known trademark
The court ruled that the mark ‘BUKHARA’ was a well-known mark pursuant to Section 2(zg) of the Act read with Section 11(2). In addition, the court ordered the Registrar of Trademarks to add the mark ‘BUKHARA’ to the list of ‘well-known trademarks’
Importance of ip: How can Photon Legal help you in saving your brand identity
The case of ITC Limited v. Central Park Estates Private Limited & Anr emphasizes the importance of protecting one’s intellectual property rights, particularly in the hospitality industry. The Delhi High Court’s ruling protects ITC Limited’s well-known trademark ‘BUKHARA’ for restaurants and other hospitality services. The court established that the mark ‘BUKHARA’ was a well-known mark and ordered the Registrar of Trademarks to add it to the list of ‘well-known trademarks.’ This case highlights the significance of trademark registration and well-known mark recognition in protecting one’s brand from unauthorized use and exploitation. Therefore, it is essential for individuals and organizations to understand the significance of intellectual property rights and take appropriate measures to safeguard them.
At Photon Legal, we can help you protect your brand and business with our expert trademark registration and enforcement services. Contact us today to take the first step towards securing your intellectual property and ensuring your brand’s success. Don’t let others infringe on your brand – trust Photon Legal to protect it.
