Delhi High Court Restrains 'HOTEL JEROME'S HOLIDAY INN' From Using 'HOLIDAY INN' Trademark
The Delhi High Court on 17 August granted an ex-parte ad-interim injunction restraining Jerome Fernandes, a hotel operator from using the name “HOTEL JEROME'S HOLIDAY INN” or any deceptively similar mark, after Six Continents Hotels, Inc., proprietor of the registered “HOLIDAY INN” trademark, alleged trademark infringement and passing off.
Justice Anup Jairam Bhambhani directed Fernandes to remove advertisements and listings of the hotel from third-party online platforms, including Goibibo, MakeMyTrip, TripAdvisor and Trivago, and disclose any other online listings of the hotel. The Bench observed:
“This court is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the balance of convenience also lies in favour of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted.”
Six Continents Hotels, Inc. had approached the Court against Fernandes alleging that the use of the name infringed its registered “HOLIDAY INN” trademark and amounted to passing off.
It submitted that it had held registration for the “HOLIDAY INN” word mark since 1964 and had subsequently obtained registrations for “HOLIDAY INN RESORT” and various formative marks incorporating “HOLIDAY INN” across relevant classes.
It further submitted that “HOLIDAY INN” had been designated as a well-known trademark in India and that various Benches of the Delhi High Court had previously protected the plaintiff's word mark against other entities.
The Court restrained the defendant from using “HOTEL JEROME'S HOLIDAY INN”, “HOLIDAY INN” or any deceptively similar mark as a trademark, trade name, corporate name or domain name.
It also directed the defendant to remove all advertisements and listings of the hotel from third-party websites, including Goibibo, MakeMyTrip, TripAdvisor and Trivago, and disclose any other online listings of the hotel.
The matter is next listed before the Joint Registrar on 19 November 2026.
For Six Continents Hotels: Advocates Nancy Roy with Prakriti Varshney