Delhi High Court Restrains Rishikesh Hotel From Using Mark Similar To Ananda Resort's Trademark

  • Delhi High Court Restrains Rishikesh Hotel From Using Mark Similar To Ananda Resorts Trademark

    The Delhi High Court on 14 October restrained Ishanee Villas Tech Private Limited from using the mark 'ANANDAM IN THE HIMALAYAS' or any deceptively or confusingly similar mark that infringes IHHR Hospitality Ananda Private Limited's registered trademark 'ANANDA' and tagline 'IN THE HIMALAYAS'.

    Justice Vikas Mahajan passed the ex parte ad interim injunction in a trademark infringement and passing off suit filed by IHHR Hospitality. He held:

    “I am of the view that the plaintiff has made out a prima facie, strong case for grant of an ex-parte ad-interim injunction against the defendant. The balance of convenience lies in favour of the Plaintiff and they are likely to suffer irreparable harm and injury, besides financial prejudice to the general public and unwary consumers, in case the ex-parte ad-interim injunction, as prayed for, is not granted…”

    IHHR Hospitality submitted that its flagship Ananda hotel and resort spa in Narendra Nagar, Uttarakhand, has been operating since 1999 and that continuous use of its trademark has established goodwill and reputation.

    The company alleged that Ishanee Villas Tech was operating a hotel under the name 'ANANDAM IN THE HIMALAYAS' in Rishikesh, approximately 21 kilometres from its resort, and promoting the property through booking websites and online travel portals.

    IHHR Hospitality further submitted that customers had booked the defendant's hotel believing it was affiliated with the plaintiff and had arrived at the plaintiff's resort seeking to check in. It stated that a cease-and-desist notice issued on 3 June 2026 had failed to stop the defendant from using the disputed mark.

    The Court held that IHHR Hospitality had established a strong prima facie case for an ex parte ad interim injunction. It observed that the balance of convenience favoured the plaintiff and that denying relief could cause irreparable harm, financial prejudice to the public, and damage to the plaintiff's goodwill and reputation.

    Accordingly, the Bench restrained Ishanee Villas Tech from using the disputed mark or any deceptively or confusingly similar mark until the next date of hearing. It also issued notice to the defendant.

    The matter is listed before the Joint Registrar on 2 December 2026 and before the Court on 5 February 2027.

    For IHHR Hospitality: Advocates Shantanu Sood, Shekhar Sri Prakash and Abhay Singh

    Case Title :  IHHR Hospitality Ananda Pvt. Ltd. v. Ishanee Villas Tech Private LimitedCase Number :  CS(COMM) 1124/2026CITATION :  2026 LLBiz HC(DEL) 1154
    Next Story