Disposed

G6 Hospitality Ip Llc v. Future Gaming and Hotel Services Private Limited

Delhi HC13 Nov 2024CS(COMM)/363/2021

Case brief

AI extract

What is this about?

The plaintiff filed a suit for trademark infringement regarding the numeral '6'. The defendant entered an agreement to hand over the hotel to new management which would operate under a different name. The defendant filed a compliance affidavit undertaking to cease use of the infringing mark. The court disposed of the suit, preserving rights in pending rectification proceedings.

What did the court decide?

Suit allowed and disposed of based on defendant's compliance affidavit; rights in rectification proceedings preserved.

G6 Hospitality Ip Llc Vs Future Gaming and Hotel… — Intellectual Property | Delhi HC (2024)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 363/2021 & I.A. 9839/2021

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G6 HOSPITALITY IP LLC .....Plaintiff

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Through: Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advs. M: 9711721913

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versus

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FUTURE GAMING AND HOTEL SERVICES PRIVATE LIMITED .....Defendant Through: Ms. Rohini Musa and Mr. Nipun Katyal, Advs. M: 9654847982 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 13.11.2024

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The present suit has been filed by the plaintiff with respect to the intellectual property rights in the prior globally adopted/registered

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trademarks 6, , MOTEL 6, STUDIO 6, and

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other trademarks containing numeral 6, since 1967.

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The plaintiff further claims prior global use of the trademark MOTEL 6, since 1962 and STUDIO 6, since 1999.

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As per the plaint, the present suit has been filed on account of the use

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Page 1 of 4

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This is a digitally signed order.

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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 18/11/2024 at 12:17:55

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of a nearly identical mark Hash 6/ as a hotel name, use of trademark

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with numeral 6 represented in a large size/prominent manner on hotel name boards by the defendant.

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Further, the plaintiff is aggreived by use of numeral 6/ ‘six’ as part of the domain names www.hashsixhotels.com and www.hash6hotels.com for

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offering hotel services under a nearly identical mark Hash 6/ .

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This Court notes that when the matter was listed for hearing on 4^th October, 2024, the following order came to be passed:

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“1. Learned counsel appearing for the defendants submits that the defendants are in the process of handing over the building in question, from where the hotel is running, to a new management.

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2. She further submits that the new management shall be adopting a new mark altogether, and that the defendants shall cease the use of the infringing mark in question.

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3. Let an affidavit be filed by the defendant in this regard within a period of two weeks, from today.

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4. Learned counsel appearing for the plaintiff submits that if such an affidavit is filed by the defendant, then, the suit can be disposed of.”

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In terms of the said order, a complaince affidavit dated 12^th November, 2024 has been handed over by learned counsel appearing for the defendant, which is taken on record.

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The said complaince affidavit filed on behalf of the defendant, reads as under:

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“xxx xxx xxx

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3. That I submit that the Defendant has entered into a Hotel

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Page 2 of 4

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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 18/11/2024 at 12:17:55

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Operations Agreement with Sarovar Hotels Pvt. Ltd., Mumbai, on 29.08.2024. As a result of the said Agreement, the present building situated at 257, Metupalayam Road, Saibaba Colony, Coimbatore - 641 011, will be handed over to Sarovar Hotels, which will operate its Hotel under the name "Royal Sarovar Portico". In keeping with the understanding between the Parties, the said premises is to be renovated, refurbished and then launched as Hotel Royal Sarovar Portico by June 2025.

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4. That admittedly, the Defendant has been operating its hotel, under its registered trademark "#6 UNIQUE AS YOU", only from the above described premises. That the Defendant is not running any other hotel / motel bearing it's registered trademark "#6 UNIQUE AS YOU" except at the above described premises. That, as a result of the above mentioned Agreement, the Plaintiff's alleged cause for the filing of the present suit would cease to exist, and the same may be disposed of on the basis of this Affidavit.

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5.That the Defendant will cease operations of its website www.hashsixhotels.com by June 2025 and shall take no bookings for its hotel beyond the said date through the website. 6. This Affidavit is being filed without prejudice to the Defendant's rights of ownership and use (and all other connected rights) over its registered trademark "#6 UNIQUE AS YOU". This Affidavit should not be construed in any manner, as an admission of any alleged violation / infringement of the Plaintiff's trademark(s) as referred to in its Plaint.

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xxx xxx xxx”

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Learned counsel appearing for the plaintiff submits that he is satisfied with the affidavit filed by the defendant, in terms of the directions issued vide order dated 4^th October, 2024.

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However, he submits that with respect to the mark of the defendant

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, the plaintiff has filed a rectification petition. He submits that the rights of the plaintiff for agitating the said rectification proceedings, be protected.

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Likewise, learned counsel appearing for the defendant submits that

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Page 3 of 4

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rights and contentions of the defendant in the rectification proceedings initiated by the plaintiff herein, be protected.

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Accordingly, considering the submissions made before this Court, the following directions are issued:

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I. The suit is allowed in favour of the plaintiff, in terms of the affidavit filed by the defendant, reproduced hereinabove.

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II. The defendant is bound by the compliance affidavit dated 12^th November, 2024, filed before this Court, and reproduced hereinabove. III. All the rights and contentions of both the parties are preserved and the order passed today, shall not affect the merits of the rectification proceedings.

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With the aforesaid directions, the present suit is disposed of, along with the pending applications.

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MINI PUSHKARNA, J

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NOVEMBER 13, 2024

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Page 4 of 4

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G6 Hospitality Ip Llc v. Future Gaming and Hotel Services Private Limited

Case brief

What is this about?

What did the court decide?

G6 Hospitality Ip Llc v. Future Gaming and Hotel Services Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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