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The Delhi High Court has recognized "TAJ" as a well-known trademark under Section 2(1)(zg) of the Trademarks Act, granting it protected status for hotels and related services in the hospitality industry.
The Indian Hotels Company Limited (IHCL), part of the TATA Group, filed a suit against several individuals, accusing them of trademark infringement, copyright violations, and passing off their services under the IHCL brand. The suit emphasized IHCL's prominence as a global leader in the hospitality industry, managing a portfolio of approximately 350 hotels, including 118 under development, across 4 continents, 13 countries, and over 130 locations. IHCL is also recognized as South Asia's largest hospitality company by market capitalization and is listed on the Bombay Stock Exchange and National Stock Exchange. The bench of Justice Amit Bansal recently ruled that the plaintiff has conclusively proven the "TAJ" marks to be well-known trademarks under Section 2(1)(zg) of the Trademarks Act. The bench highlighted the long-standing use, widespread geographical reach, public recognition, goodwill, and extensive promotion and revenue associated with the marks, both in India and globally, as factors fulfilling the criteria outlined in Sections 11(6) and 11(7) of the Act. Additionally, the court noted that another mark of the plaintiff, "VIVANTA," used in relation to hotels, had already been declared a well-known trademark on September 26, 2022. The court also considered several significant factors to establish the prominence of the TAJ brand. These included documents showing the TAJ brand being recognized as India's strongest brand across all sectors by Brand Finance in 2020, 2022, and 2023; historical photographs of notable figures such as Mahatma Gandhi, Jawaharlal Nehru, and Rabindranath Tagore with the iconic Taj Mahal Palace in Mumbai; media articles and magazines demonstrating the brand's widespread fame and usage from 2009 to 2015; evidence of the plaintiff's corporate social responsibility (CSR) and philanthropic initiatives; and the extensive social media presence of the TAJ brand across platforms like Facebook, Instagram, X (Twitter), YouTube, and LinkedIn, with a substantial follower base. (ANI)
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