Delhi High Court - Orders
Banyan Tree Holdings Limited vs Angsana Thai Spa & Ors on 23 December, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 912/2022
BANYAN TREE HOLDINGS LIMITED ..... Plaintiff
Through: Mr. Pravin Anand with Mr. Shantanu
Sahay and Ms. Imon Roy, Advocates.
versus
ANGSANA THAI SPA & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 23.12.2022 I.A. 22306/2022 (for exemption)
1. Subject to the plaintiff filing the original/ certified/ translated/ legible copies of the documents on which the plaintiff may seek to place reliance, within four weeks from today and the physical copy of the suit papers within fifteen days, exemption is granted for the present.
2. The application is disposed of.
I.A. 22305/2022 (O-XI R-1(4) of the Commercial Courts Act)
3. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.
4. The plaintiff is granted thirty days' time to file additional documents.
5. Accordingly, the application is disposed of.
I.A. 22307/2022 (u/S 12A Commercial Courts Act)
6. In view of the urgent interim relief sought, the plaintiff is granted Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 912/2022 PageDate:23.12.2022 Signing 1 of 6 18:39:37 exemption from the requirement of pre-institution mediation in terms of Section 12A of the Commercial Courts Act, 2015.
7. The application stands disposed of.
CS(COMM) 912/2022
8. Let the plaint be registered as a suit.
9. Issue summons.
10. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.
11. Liberty is given to the plaintiff to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
12. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
13. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
14. List before the Joint Registrar on 14th March, 2023 for completion of service and pleadings.
15. List before the Court on 2nd May, 2023.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(COMM) 912/2022 PageDate:23.12.2022
Signing 2 of 6 18:39:37
I.A. 22304/2022 (O-XXXIX R-1 & 2 of CPC)
16. The present suit has been filed seeking permanent injunction restraining the defendants from infringing the trademarks or passing off along with other ancillary reliefs.
17. The plaintiff company was founded in 1994 and is one of world's leading multi-brand hospitality groups, focused on well-being while offering exceptional, design-led experiences for the global travellers. The plaintiff's 'ANGSANA' brand, launched in the year 2000, is one of the plaintiff's award-winning luxury brand for destination spa and specialty hotels.
18. The details of the plaintiff's 'ANGSANA' resorts and spas are available worldwide through its dedicated websites such as https://www.angsana.com/ (registered on 3rd January, 1999), https://www.angsanaresidences.com/ (registered on 21st January, 2011). The plaintiff holds various trademark registrations in respect of mark 'ANGSANA' and and the logo and other formative marks such as , , (hereinafter collectively referred to as 'ANGSANA trademarks'). In India, the plaintiff's 'ANGSANA' trademark is registered since 2000, in class 41 and various other classes and opened its ANGSANA Oasis Spa Resort, in Banglore, India in the year 2001.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(COMM) 912/2022 PageDate:23.12.2022
Signing 3 of 6 18:39:37
19. The plaintiff claims to have acquired a wide market reputation on account of long and continuous use of the trademark 'ANGSANA' since 2000. Plaintiff Group's revenue in the year 2021 is around S$ 221.2 Million (Singapore Dollars), which include the revenue of 'ANGSANA' properties, and it had spent more than S$ 7.123 Million (Singapore Dollars) in 2021 towards its advertisements and promotional expenses which include the advertisements and promotions of 'ANGSANA' mark and properties.
20. The defendant no.1, Angsana Thai Spa is claimed to be a proprietorship concern of Mr. Venkatesh, who is believed to be the sole proprietor. In December 2022, the plaintiff conducted an investigation in which the plaintiff came across a JustDial page of the defendant no.1. It is averred that the defendant no.1 is engaged in the business of providing thai body massage centres in India. The defendant no.2 has registered a domain 'angsanathaispabangalore.com' (hereinafter, "impugned domain") on 10th October, 2020 and the website 'http://www.angsanathaispabangalore.com/' is listed as the website of the defendant no.1 on its JustDial Page listing. The impugned domain was registered through the defendant no.3, FastDomain Inc. The defendants' website 'http://www.angsanathaispabangalore.com/' hosted on the impugned domain and is currently not functional. The defendants also have a Google's My Business profile website "https://angsana-thai-spa.business.site". Screenshots of defendants' infringing activities have been produced on pages no.642 to 666 of the plaintiffs' documents.
21. Subsequently, the plaintiffs' investigator was able to establish contact with the defendant no.1, who is using the mark 'ANGSANA' and logo Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 912/2022 PageDate:23.12.2022 Signing 4 of 6 18:39:37 in their business and also booked a thai massage slot with the defendant no.1.
22. Plaintiff apprehends that carrying on of such sub-standard services under the impugned mark 'ANGSANA', which are identical to that of plaintiff's 'ANGSANA' trademarks, is bound to be attributed to the plaintiff which in turn is bound to cause immense and irreparable harm to the plaintiff's goodwill and reputation.
23. Issue notice.
24. Notice be issued to the defendants through all modes.
25. Reply(ies) be filed within four weeks.
26. Rejoinder(s) thereto, if any, be filed within two weeks thereafter.
27. Clearly, the manner in which the mark is being used by the defendants, the purchasing public is bound to assume some sort of association or connection between the services of the defendants with that of the plaintiff, thereby leading to confusion as to the source of origin of the defendants' services under plaintiff's 'ANGSANA' mark and resulting in passing off of the said services as those of the plaintiff's.
28. A prima facie case has been made out on behalf of the plaintiff. Balance of convenience is in favour of the plaintiff and against the defendants. Irreparable harm and injury would be caused not only to the plaintiff but also to the public at large if an ex parte ad interim injunction as prayed is not granted in favour of the plaintiff.
29. Consequently, till the next date of hearing, the following directions are passed :
Signature Not Verified Digitally Signed By:AMIT BANSALCS(COMM) 912/2022 PageDate:23.12.2022
Signing 5 of 6 18:39:37
(i) The defendants no.1 and 2, its proprietors, partners, directors,
officers, servants, agents, franchisers and all others acting for and on its behalf from advertising, selling, offering for sale, marketing etc. any service, product, packaging, visiting cards and advertising material, labels, stationery articles, website or any other documentation using, depicting, displaying in any manner whatsoever, the marks "ANGSANA THAI SPA", , or any other mark which is identical or deceptively similar to the plaintiff's registered trademarks as detailed in paragraph 19 of the application in any manner whatsoever.
(ii) Defendant no. 3 is directed to lock, block, suspend the domain name 'angsanathaispabangalore.com' during the pendency of the suit and inform the plaintiff when the aforesaid domain names are set to expire.
30. Compliance under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) be done within five days from today.
31. List before the Joint Registrar on 14th March, 2023 for completion of service and pleadings.
32. List before the Court on 2nd May, 2023.
AMIT BANSAL, J.
DECEMBER 23, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 912/2022 PageDate:23.12.2022 Signing 6 of 6 18:39:37