Six Continents Hotels, Inc vs Sakthi Holidays Inn Private Limited on 19 February, 2026

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Delhi High Court - Orders

Six Continents Hotels, Inc vs Sakthi Holidays Inn Private Limited on 19 February, 2026

Bench: Jyoti Singh

                          $~58
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 165/2026
                                    SIX CONTINENTS HOTELS, INC.                .....Plaintiff
                                                 Through: Ms. Nancy Roy, Ms. Ananya Chugh
                                                 and Ms. Tia Malik, Advocates.

                                                                  versus

                                    SAKTHI HOLIDAYS INN PRIVATE LIMITED .....Defendant
                                                 Through:

                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                                  ORDER

% 19.02.2026 I.A. 4645/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 4642/2026 (u/O XI Rule 1 (4) r/w 151 CPC)

3. This application is filed on behalf of the Plaintiff seeking to place on record additional documents.

4. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

5. Application is allowed and disposed of.

I.A. 4643/2026 (for pre-institution mediation)

6. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

CS(COMM) 165/2026 Page 1 of 14

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

7. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

8. Application is allowed and disposed of.

I.A. 4646/2026

9. This application has been filed on behalf of the Plaintiff under Order XI Rule (4) of Commercial Courts Act, 2015 read with Section 151 CPC seeking time to file original notarized apostilled documents and certified copies.

10. For the reasons stated in the application, the same is allowed permitting the Plaintiff to file original notarized apostilled documents and certified copies within 30 days from today.

11. Application stands disposed of.

I.A. 4644/2026 (u/S 151 CPC)

12. This application is filed on behalf of the Plaintiff seeking permission to file documents in compact disc/DVD.

13. For the reasons stated in the application, the same is allowed, permitting the Plaintiff to file documents in compact disc/DVD.

14. Application stands disposed of.

CS(COMM) 165/2026

15. Let plaint be registered as a suit.

16. Upon filing of process fee, issue summons to the Defendant through all permissible modes, returnable before the learned Joint Registrar on CS(COMM) 165/2026 Page 2 of 14 This is a digitally signed order.

17. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiff.

18. It will be open to the Plaintiff to file replication within 30 days from the date of receipt of written statement along with affidavit of admission/ denial of documents filed by the Defendant.

19. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

20. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 4641/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

21. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.

22. Issue notice to the Defendant through all permissible modes, returnable before Court on 07.04.2026.

23. The case as set out in the plaint is that Plaintiff is a company incorporated and registered under the laws of the State of Delaware, USA and is a part of world-renowned hospitality conglomerate, Intercontinental Hotels Group ("IHG"). As one of world's largest hotel companies, IHG has more than 990,000 rooms in more than 6600 hotels in over 100 countries, including India. There are more than 2,200 hotels with more than 3,33,000 rooms in the pipeline around the world. Plaintiff, with more than 200 years in the hospitality industry, is home to some of world's well-known and CS(COMM) 165/2026 Page 3 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 popular hospitality brands loved by millions worldwide, inter alia HOLIDAY INN, HOLIDAY INN EXPRESS, HOLIDAY INN RESORTS, HOLIDAY INN CLUB VACATIONS, Six Senses Hotels & Resorts, Crowne Plaza, Hotel Indigo, InterContinental, Kimpton, Even Hotels, Hualuxe, Voco, Staybridge Suites, Candlewood Suites, Regent Hotels and Resorts, Ruby Hotels, Iberostar Beachfront Resorts, Avid Hotels, Vignette and Gamer Hotels. Plaintiff provides annual hotel services to over 178 million guests worldwide including India, under the aforementioned brands. Plaintiff owns and operates the website www.ihg.com which provides information about all the Plaintiffs properties and upcoming ventures.

24. It is stated that amongst various well-known hotel chains owned and operated by the Plaintiff, HOLIDAY INN is the first brand of its franchise and one of the most well-known hotel chains in the world. Plaintiff's HOLIDAY INN chain of hotels includes HOLIDAY INN ( ), HOLIDAY INN EXPRESS ( , HOLIDAY INN CLUB VACATIONS( ), and HOLIDAY INN RESORT ( ). Plaintiff also operates a website www.holidayinn.com through which members of the public can view and make reservations from anywhere in the world and for any of the HOLIDAY INN chain of hotels. The website further provides support, assistance, information and entertains complaints from customers.

25. It is stated that Plaintiff has been providing hotel and hospitality services under the HOLIDAY INN chain of hotels for over six decades now and the first HOLIDAY INN hotel was opened in August, 1952 in USA and the first in India in 1973 and currently, there are 30 HOLIDAY INN hotels CS(COMM) 165/2026 Page 4 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 in India. Plaintiff has registration in the trademark HOLIDAY INN in India since 1964 whereafter it has secured registrations for HOLIDAY INN RESORT and various HOLIDAY INN formative marks in different classes as follows:-

CS(COMM) 165/2026 Page 5 of 14

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 CS(COMM) 165/2026 Page 6 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 CS(COMM) 165/2026 Page 7 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

26. It is stated that the registrations have been renewed from time to time and are valid and subsisting. The trademark HOLIDAY INN in Class 16 bearing no. 226267 was originally filed in the name of Holiday Inns of America Inc., however, pursuant to series of assignments and change of names, the mark now stands assigned to the Plaintiff. The mark HOLIDAY INN has been declared as a well-known mark in India by the Division Bench of this Court in Madhubhan Holiday Inn v. Holiday Inn Inc., 2002 SCC OnLine Del 864 as defined under Section 2(1)(zg) of the Trade Marks Act, 1999 ('1999 Act'). The relevant screenshot is as under:-

27. It is stated that Plaintiff has garnered formidable reputation and goodwill which is evident from the increasing gross revenues as follows from 2008 to 2024:-

CS(COMM) 165/2026 Page 8 of 14

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

28. It is stated that Plaintiff has expended substantial sums of money in promotion and advertisement of its brand HOLIDAY INN worldwide, including through television, print and online advertisement, magazines, as well as similar publications. Details of promotional expenses for HOLIDAY INN trademarks from 2010 to 2024 are as follows:-

CS(COMM) 165/2026 Page 9 of 14

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

29. It is stated that The Values Institute (TVI), a leading social science research entity for ranking America's most trustworthy brands, has ranked HOLIDAY INN as the 11th most trustworthy brand. In addition, Plaintiff has also won several awards and accolades for its hotels, including HOLIDAY INN chain of hotels, as detailed in paragraph 27 of the plaint.

30. It is stated that Plaintiff has been vigilant in defending its marks and reputation and whenever the need arose, recourse had been taken to approaching the Courts and several orders have been passed protecting the statutory and common law rights of the Plaintiff. Details of orders passed by the Courts are furnished in paragraph 7 of the plaint.

31. It is stated that Defendant is a company engaged in the business of hospitality, which includes providing boarding and lodging, restaurants etc., under the impugned mark SAKTHI HOLIDAYS INN. In and around February, 2025, Plaintiff became aware of the website and the domain SAKTHIHOLIDAYSINN.COM and investigation revealed that Defendant CS(COMM) 165/2026 Page 10 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 was blatantly misusing the impugned domain which subsumes the registered mark HOLIDAY INN in entirety. The impugned mark is used in respect of hotel business in Port Blair, Andaman & Nicobar Islands and in Chennai and is promoted through the website https://www.sakthiholidaysinn.com/ as also through other booking platforms such as Goibibo, MakeMyTrip, Expedia, Hotels.com, Booking.com. Investigation further revealed that the domain name was registered on 23.04.2024 and the registrant details are masked. It is also found that Defendant's hotel has received negative reviews on third party booking portal, evidencing which screenshots have been captured in the plaint.

32. It is stated that aggrieved by the adoption and use of the impugned mark/name, Plaintiff sent a cease and desist notice dated 15.05.2025, however, there was no response. Investigation carried out on 11.07.2025 at Defendant's addresses at Port Blair and Chennai revealed that Defendant was wilfully continuing with the business of hotels using the impugned mark.

33. Learned counsel for the Plaintiff submits that Plaintiff is a part of world renowned conglomerate. The hospitality industry survives on goodwill and reputation spread by word of mouth and experiences. Since its inception, Plaintiff is known for excellent services and amenities under the HOLIDAY INN brand globally including India. Plaintiff fears that services provided by the Defendant under the mark SAKTHI HOLIDAYS INN are not of the quality as provided by the Plaintiff and thereby there is a serious threat and damage to the reputation as also business of the Plaintiff apart from a clear infringement of the Plaintiff's registered trademark. There is little doubt that use of the impugned mark by the Defendant which is CS(COMM) 165/2026 Page 11 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 deceptively similar to Plaintiff's registered mark for identical services will lead to confusion amongst the customers and this constitutes infringement under Section 29 of the 1999 Act. Consumers are likely to mistakenly associate services of the Defendant with those of the Plaintiff. It is clear that Defendant has made every effort to come close to the mark of the Plaintiff, which will not only dilute the distinctive character of the Plaintiff's well-known mark but also lead to unfair competition and passing off.

34. Heard learned counsel for the Plaintiff and examined the submissions and documents on record.

35. Plaintiff is the registered proprietor of the mark HOLIDAY INN and its formative marks, declared as well-known mark. Defendant is using the impugned mark SAKTHI HOLIDAYS INN for identical services, i.e. hospitality, restaurants, boarding and lodging services. The consumer base is common and therefore, there is prima facie infringement of Plaintiff's marks under Section 29 of the 1999 Act. Defendant's adoption is prima facie dishonest and intended to ride upon the goodwill and reputation of the Plaintiff, built over the years. Addition of the prefix SAKTHI is not sufficient to mitigate the deceptive similarity in the rival marks. Plaintiff has also brought forth that several negative reviews have been received with respect to Defendant's hotels on third party booking portal. Plaintiff has made out a prima facie case of infringement, passing off, dilution and tarnishment. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case ex parte ad interim injunction as prayed for, is not granted. Comparative of Plaintiff's trademarks and Defendant's impugned mark is as follows:-

CS(COMM) 165/2026 Page 12 of 14

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11 CS(COMM) 165/2026 Page 13 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

36. Accordingly, till the next date of hearing, Defendant, including its directors, employees, servants, agents, distributors, partners, franchises, representatives, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies and assigns are restrained from using impugned marks SAKTHI HOLIDAYS INN or any other mark which is identical, similar or deceptively similar to Plaintiff's well-known trademark HOLIDAY INN and its formative marks and/or from using the impugned mark as a part of trade name, corporate name and domain name, in any manner whatsoever amounting to infringement and/or passing off.

37. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.

JYOTI SINGH, J FEBRUARY 19, 2026/YA CS(COMM) 165/2026 Page 14 of 14 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:39:11

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