New Delhi: The US-based multinational company that runs the Renaissance Chain of 160 luxury hotels around the world have won legal battles for trademarks of “Renaissance” against Indian companies after struggling for more than 13 years with the interests of the Supreme Court and receiving their claims.
Legal disputes emerged in 2009 when MNC who also run four 5-star hotels in the country learned that other companies Sai Renaissance based in Bengaluru also operates in the hospitality industry and run two hotels with the same name.
Although the trial court passed the verdict that supported the US company, the High Court canceled the order, forcing to move to the APEX court.
The appeal was submitted, by Anand and Anand law firms, the guess that the US company was in the hospitality business since 1981 and it was holder and trademark owner and marked the “Renaissance” service in connection with the hotel, bar, catering, bar “, cocktail lounge, Spa services, etc.
and Indian companies that run the hotel with the name “Sai Renaissance” numbered violations from the action for trademark violations and that fraud or confusion test has been applied by the High Court in a violation action.
Approving with their quarrels, judge A decade over the trademark.
“Furthermore to note that The words “Renaissan.
CE “and” Sai Renaissance “phonetically and looked visually can be violated by the use of these words and also with their visual representatives.
Thus, the use of the word “Sai Renaissance” which is similarly phonetically and visually with “Renaissance”, will also be a violation action given the provisions of paragraph (9) section 29 of law – That’s, “The Bench said.
Referring to the previous court’s decision, Bench said that it was so found that the trademark of the defendant was identical to the registered trademark of the Plaintiff, the court could not conduct an investigation whether the violation tended to deceive or cause confusion.
“In the actions of violations, the order will be released so proven that the defendant does not properly use the Plaintiff’s trademark.” Said the bench.
It was said that HC decided that there was no confusion it would likely be made in the minds of consumers as a consumer class for these two companies completely different from one running international luxury class while others run local hotels.