Recently, Kerzner International Limited (“Plaintiff”) successfully enforced its rights in the ATLANTIS mark in relation to entertainment services, hotels, resorts and other connected services before the Delhi High Court against defendants who were using the ATLANTIS PARK BALLROOM mark in relation to a banquet hall in Delhi.
The Plaintiff claimed that it is one of world’s most renowned service providers in management, development and operation of resorts, hotels, etc. with properties in China, Dubai and Bahamas. It averred that its earliest registration for the ATLANTIS mark worldwide dates back to 1993, while its use commenced in 1994. The Plaintiff also relied on its registrations in India in Classes 35, 36, 39, 41 and 42. The Plaintiff claims that it learnt of an application for the ATLANTIS PARK BALLROOM mark, in Class 43, filed by the defendants. This application was dated October 2020 and claimed use since December 2017.
The Plaintiff also claimed to have sent the defendants a legal notice, to which the defendants replied that the services provided by the parties and the trade channels are different. The defendants also stated that the Plaintiff has no reputation in India. The Plaintiff argued that, even though it does not have any resort in India, there is sufficient use and reputation in India owing to the Internet and due to Indians traveling abroad and visiting its properties. The Plaintiff also cited its revenue figures to show the bookings made from India in support of its contentions.
In light of the above, the court held that the Plaintiff had made a prima facie case and passed an order restraining the defendants from making any fresh bookings under the ATLANTIS PARK BALLROOM mark. However, the court allowed the defendants to honour the bookings already made.
KERZNER INTERNATIONAL LIMITED v. VIKAS AGGARWAL & ORS., CS(COMM) 321/2022, Order dt. May 13, 2022