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Wednesday 20-Jul-2011

Update: Hilton Int gets clarification from SC on trade mark row

Hilton Int protected from using trade mark 'Hilton'

By  Traveltechie Bureau | Mumbai

Hilton Worldwide filed a Special Leave Petition before the Supreme Court requesting clarity about the construction of the Rajasthan High Court order due to unclear media reports regarding the impact of the order.

At a hearing held on July 11, 2011, Hilton Worldwide suggested that the Supreme Court could dismiss the Special Leave Petition if the Supreme Court confirmed that the High Court’s order did not affect Hilton Worldwide's right to continue using the HILTON trademark in India.

The Supreme Court observed that Hilton Worldwide has been “adequately protected by the High Court” providing Hilton Worldwide with the clarification it was seeking. With this clarification, Hilton Worldwide consented to the dismissal of its petition.

The order passed by the Supreme Court vindicates Hilton Worldwide’s stand that the District Court decision cannot be used to interfere with Hilton Worldwide’s right to use its 90 year old HILTON mark in India. Additionally the Rajasthan High Court order, stating that the District Court’s decision did not quash or enjoin the HILTON trademark registration and that Hilton Worldwide is allowed to continue to conduct its business under its registered mark in India, protects Hilton Worldwide’s interests and was not interfered with by the Supreme Court.

Hilton Worldwide is pleased with the result and it has successfully obtained confirmation from the Indian appellate courts that it can continue to conduct business in India under its internationally famous HILTON trademarks.