Court Upholds Trademark Rights of IHHR Hospitality Ananda Pvt. Ltd., Restrains Ishanee Villas Tech Pvt. Ltd. from Using Confusingly Similar Marks to Protect Established Brand "ANANDA"
In a landmark interim decision dated October 14, 2026, the Delhi High Court, presided over by Mr. Justice Vikas Mahajan, granted an ex-parte ad-interim injunction in favor of IHHR Hospitality Ananda Pvt. Ltd., the proprietor of the well-known and registered trademark "ANANDA" and the tagline "IN THE HIMALAYAS." The injunction restrains Ishanee Villas Tech Private Limited, which operates a hotel under the name "ANANDAM IN THE HIMALAYAS" in Rishikesh, from using the impugned mark or any deceptively similar marks in connection with hospitality services.
The plaintiff, IHHR Hospitality Ananda Pvt. Ltd., has been operating its flagship resort and spa under the mark "ANANDA" in Narendra Nagar, Uttarakhand, since 1999. The resort has acquired an extensive goodwill and reputation over 25 years, backed by substantial revenue exceeding Rs. 100 crore in 2025 alone, and consistent advertising and promotional expenditure. The mark "ANANDA" along with the tagline "IN THE HIMALAYAS" has become synonymous with luxury hospitality and wellness services in the region.
The defendant's adoption of the mark "ANANDAM IN THE HIMALAYAS" for a hotel located just 21 kilometers from the plaintiff's flagship resort was found to be visually, phonetically, and structurally similar, leading to actual confusion among customers. Several customers reportedly mistakenly arrived at the plaintiff's resort, believing it to be connected with the defendant's establishment, thereby causing damage to the plaintiff's goodwill and consumer trust.
The Court noted that the plaintiff's trademark registrations, including multiple classes related to hospitality, spa, and wellness services, were valid and enforceable. It also acknowledged the plaintiff's right to use the tagline "IN THE HIMALAYAS" in conjunction with the mark "ANANDA," which forms a composite brand identity.
Given the prima facie case, balance of convenience, and the likelihood of irreparable harm to the plaintiff's reputation and business, the Court granted the ex-parte injunction restraining the defendant, its promoters, agents, and third-party booking platforms from using the impugned mark or any deceptively similar trade name, trademark, domain name, or social media handles without the plaintiff's consent.
Additionally, the Court exempted the plaintiff from the requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, considering the urgency of the relief sought.
The Court further directed the defendant to file their written statement within thirty days, accompanied by affidavits admitting or denying the authenticity of the plaintiff's documents, failing which the written statement would not be taken on record. Replication by the plaintiff is to follow within thirty days of the written statement.
This decision underscores the judiciary's firm stance in safeguarding established trademarks and preventing consumer confusion in the hospitality sector, especially in competitive and geographically proximate markets.
Bottom Line:
Trade Marks - Infringement and passing off - Plaintiff, proprietor of registered and well-known mark "ANANDA" and tagline "IN THE HIMALAYAS" used for hospitality, resort, hotel, spa and wellness services, granted ex-parte ad-interim injunction against defendant using "ANANDAM IN THE HIMALAYAS" for hotel situated near plaintiff's flagship resort - Court held plaintiff made out prima facie strong case, balance of convenience was in its favour and irreparable injury would be caused by continued deceptive use - Plaintiff also exempted from pre-institution mediation under Section 12-A of Commercial Courts Act on ground of urgent interim relief.
Statutory provision(s):
Trade Marks Act, 1999, Commercial Courts Act, 2015 Section 12-A, Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2
