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Dalveer Bhandari, J.

1. These appeals are directed against the judgment delivered by a Division Bench of High Court of Andhra Pradesh in Letter Patent Appeal Nos. 12 and 13 of 2001 on 15.06.2001.

2. Brief facts which have been given by the appellant are recapitulated as under.

3. The appellant is the sole proprietor of a firm carrying on business inter alia as manufacturers of and dealers in incense  sticks (agarbathis) in the name and style of Ashika Incense Incorporated at Bangalore.

71. Mr. Sundaram also relied on a judgment of the Delhi High Court in the case of Madhubhan Holiday Inn v.

Holiday Inn Inc. 100 (2002) DLT 306 (DB) (on which one of us, Dalveer Bhandari, J. was the author). The Division Bench of the High Court observed as under:

"... the adoption of the words "Holiday Inn" by the appellants is ex facie fraudulent and mala fide from the very inception. The words "Holiday Inn" have been adopted by the appellant to ride on the global reputation of the respondent. The appellant was actuated by bad faith and dishonest motive. In the facts and circumstances, the learned Single Judge was fully justified in granting the injunction and decreeing the suits in order to protect the commercial goodwill and to ensure that the global business reputation of the respondent is not exploited by the appellants in a clandestine manner."

105. In the facts and circumstances of this case, the parties are directed to bear their own costs.

..................................................J. (Dalveer Bhandari) .................................................J. (K.S. Panicker Radhakrishnan) New Delhi;

March 3, 2011