Six Continents Hotels, Inc. secures legal relief against Jerome Fernandes for trademark infringement over the use of "HOLIDAY INN."
In a significant judgment by the Delhi High Court dated August 17, 2026, Six Continents Hotels, Inc., the proprietor of the well-known trademark "HOLIDAY INN," emerged victorious in a legal battle against Mr. Jerome Fernandes. The court, presided over by Justice A. J. Bhambhani, adjudicated in favor of the plaintiff by granting an exemption from pre-litigation mediation and issuing an ex-parte ad-interim injunction against the defendant for alleged trademark infringement and passing off.
The plaintiff, represented by advocates Ms. Nancy Roy and Ms. Prakriti Varshney, sought the court’s intervention to protect its trademark rights under Sections 28 and 29 of the Trade Marks Act, 1999. The court acknowledged the prominence and recognition of the "HOLIDAY INN" trademark, which has been registered since 1964 and designated as a well-known mark in India.
The defendant, Mr. Jerome Fernandes, was found to be operating hotels under the name "HOTEL JEROME'S HOLIDAY INN," which the court found to be deceptively similar to the plaintiff’s trademark. The court concurred with the plaintiff’s argument that such usage could lead to confusion among consumers and potentially harm the brand’s reputation.
Justice Bhambhani granted the plaintiff an exemption from the mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, citing specific case circumstances and precedents set by the Supreme Court and a Division Bench of the Delhi High Court. Furthermore, the court permitted the plaintiff to submit additional documents within 30 days, with their relevance and admissibility to be determined later, as per Order XI Rule 1(4) of the Civil Procedure Code, 1908.
The court’s order also restrained the defendant and all associated parties from using any mark similar to "HOLIDAY INN" and mandated the removal of advertisements featuring the impugned mark from various platforms, including Goibibo, MakeMyTrip, TripAdvisor, and Trivago. This decision underscores the judiciary's commitment to upholding intellectual property rights and preventing trademark infringement.
The case has been scheduled for further proceedings on November 19, 2026, before the learned Joint Registrar, where the pleadings will continue, and the interim measures will be reviewed.
Bottom Line :
Pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, may be exempted based on case circumstances and judicial precedents.
Statutory provision(s):
Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XI Rule 1(4), Trade Marks Act, 1999 Sections 28, 29
Six Continents Hotels, Inc. v. Jerome Fernandes, (Delhi) : Law Finder Doc id # 2965170
