Bombay High Court Bars Use of “Orchid” by City Hotel, Protects Five-Star ‘The Orchid’ Brand

Bombay High Court Bars Use of “Orchid” by City Hotel, Protects Five-Star ‘The Orchid’ Brand

Introduction

The Bombay High Court has granted ad-interim relief in favour of Kamat Hotels (India) Limited, restraining a city-based hospitality establishment from using the word “Orchid” in its business name after finding prima facie trademark infringement. The Court held that the use of “Orchid Hotel and Hostel” was deceptively similar to the well-known trademark “THE ORCHID” owned by Kamat Hotels, which operates a chain of five-star hotels across India.

Factual Background

Kamat Hotels (India) Limited was incorporated in 1986 and has been operating luxury hotels under the marks “THE ORCHID” and “ORCHID” since 1995. The company holds multiple trademark registrations for these marks, with the earliest registration dating back to 1997. Over the years, the brand has acquired substantial goodwill and reputation, reflected in its sales turnover, advertising expenditure and long-standing presence in the hospitality industry.

In December 2023, Kamat Hotels discovered the existence of an establishment operating under the name “Orchid Hotel and Hostel”. The plaintiff issued a cease-and-desist notice, which elicited no response. Further investigation revealed that the hostel was being promoted and offered for bookings on several online travel and accommodation platforms.

Procedural Background

Aggrieved by the continued use of the disputed name, Kamat Hotels filed a trademark infringement suit before the Bombay High Court. Along with the suit, it sought ad-interim relief to restrain the defendant from using the word “Orchid” in connection with hospitality services. The matter came up before a single-judge bench of Justice Sharmila U. Deshmukh.

Issues

1. Whether the use of the name “Orchid Hotel and Hostel” amounts to infringement of Kamat Hotels’ registered trademark “THE ORCHID”.

2. Whether the addition of descriptive words such as “Hotel and Hostel” is sufficient to distinguish the defendant’s services from those of the plaintiff.

3. Whether the plaintiff had made out a prima facie case for grant of ad-interim injunction.

Contentions of the Parties

Kamat Hotels contended that “THE ORCHID” and “ORCHID” are registered trademarks which have acquired distinctiveness through decades of continuous use. It argued that the defendant’s adoption of an identical dominant word for identical services in the hospitality sector was dishonest and calculated to ride on its goodwill. According to the plaintiff, the addition of generic descriptors like “Hotel and Hostel” did not mitigate the likelihood of confusion.

The defendant’s mark was stated to be unregistered, and no material was shown to establish any independent right or bona fide adoption of the name “Orchid”.

Reasoning and Analysis

The Court noted that Kamat Hotels had demonstrated long, continuous and extensive use of the marks “THE ORCHID” and “ORCHID”, supported by valid trademark registrations. It observed that the word “Orchid” formed the dominant and essential feature of both the plaintiff’s and the defendant’s marks.

Justice Deshmukh held that merely adding descriptive words such as “Hotel and Hostel” did not sufficiently distinguish the impugned mark, especially when both parties were operating in the same field of hospitality services. The Court found no prima facie justification for the defendant’s adoption of a deceptively similar mark, particularly when the plaintiff’s trademark had acquired significant goodwill and secondary meaning.

The Court further noted that continued use of the disputed name was likely to mislead consumers into believing an association with the well-known “The Orchid” hotel chain, thereby causing irreparable harm to the plaintiff’s reputation and brand value.

Decision

Finding that Kamat Hotels had established a strong prima facie case and that the balance of convenience lay in its favour, the Bombay High Court granted an ad-interim injunction restraining “Orchid Hotel and Hostel” from using the word “Orchid” or any identical or deceptively similar mark in relation to hospitality services.

The Court also directed the online booking platforms arrayed as parties to take down all listings of the defendant under the disputed name, and ordered the defendant to remove such listings from its own websites and media platforms. The injunction will remain in force until December 3, 2025, when the matter will be taken up for further hearing.

In this case the plaintiff was represented by Mr. Muralidhar Khadilkar a/w. Mr. Chinmay Page, Advocates.