Royal Orchid wins trademark battle

Bombay High Court has permitted Bangalore-based Royal Orchid Hotels to open another hotel under the mark “Royal Orchid”. On 6 May, the court granted the company a limited stay after it appealed against a limited injunction order from Justice DY Chandrachud, which stated that the use of the mark by Royal Orchid Hotels, coupled with the use of a flower device, was an infringement of a trademark held by Kamat Hotels. The interim order stated that Royal Orchid Hotels could continue to use the Royal Orchid mark on its existing properties, but could not use it on any new hotel ventures and properties.

The dispute came after a suit was filed by Mumbai-based Kamat Hotels against Royal Orchid, accusing it of passing off its trademark – “The Orchid” – as its own. Kamat Hotels operates one hotel in Mumbai under the name The Orchid. Royal Orchid has 17 hotels across India.

Kamat Hotels maintained that it had used The Orchid mark continuously since January 1997. It also argued that the mark had acquired goodwill and reputation in Mumbai and elsewhere in India.