The Taj Group of Hotels has won a legal battle in the Delhi High Court over trademark 'JIVA' used for spa services in its hotels across the globe. Justice Sanjeev Sachdeva restrained businessman Ashwajeet Garg from using "deceptively similar" trademark 'ZIVA' for providing similar spa services in hotels in India.
"The plaintiff (Indian Hotels Company Ltd also known as the Taj Group of Hotels) has established a prima facie case. Further, balance of convenience is in their favour as as they are prior users of the said mark and irreparable injury would be caused to them if the defendant is allowed to carry on its infringing activity... "In the present case, it is an undisputed fact that the trademark and name used by the defendant is identical to the plaintiff's and in relation to the same goods and services, therefore, the question of delay in filing the suit, if any, does not arise," the court said.
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