Believe it or not, but the international hospitality group Hilton International Corporation of the Hilton Hotels fame cannot carry on business in India (Conrad Hilton has a joint venture with DLF),owing to the outcome of a pending trademark suit in Sirohi District Court in Rajasthan,as the Hindustan Times reports.
The facts of this 'spicy' suit relate to the petitioners claiming that Hilltone Hotels, situated in Mount Abu is registered under the Companies Act,1956 and therefore Hilton International should be restrained from carrying out business in India by using a "deceptively similar trademark."
Rejecting the contention of the defendants who stated that the domestic firm had adopted its name and trademark for the purposes of deriving benefits of fame and reputation, the rather astonishing Order of
Additional District Judge Narinder Singh Dadda stated:
"The defendant, in any state of India, may not use the registered trademark Hotel Hilltone of the plaintiff or any kind of sabotage in it by using any kind of misleading logo and mark.It may not use and enjoy by causing confusion of being plaintiff's hotel and in collaboration with any other Indian establishment may not carry on business of hotels and food items under such duplicate trade mark.The defendants (Hilton International Corporation and Hilton International) are restrained by permanent injunction that they not give the threat to the plaintiff to use the name of Hotel Hilltone and the defendant may not create any obstruction of any kind in the manufacturing and sale of the food items to be manufactured by the plaintiff under the registered trademark."
In the opinion of the Judge, use of such misleading logo and mark had the potential to cause confusion among general public.
I tired to get copy of the Order but couldnot locate it.