BharatTax.net

ROYAL ORCHID HOTELS LTD. vs. KAMAT HOTELS (INDIA) LTD

PDF
SLP(C) No.-006131-006131 - 2015Supreme Court2017 INSC 122814 December 2017Bench: HON'BLE THE CHIEF JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHIAuthor: HON'BLE THE CHIEF JUSTICE RANJAN GOGOI10 pages
For Petitioner: VIKAS SINGH JANGRAFor Respondent: ANIRUDDHA P. MAYEE

No AI summary yet for this case.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURI ICTION SPECIAL LEAVE PETITION (C) NO.6131 OF 2015 ROYAL ORCHID HOTELS LTD. … PETITIONER(S) VERSUS KAMAT HOTELS (INDIA) LTD. & ORS. … RESPONDENT(S) J U D G M E N T RANJAN GOGOI, J.

1.

After hearing the matter elaborately we arrive at the conclusion that the Special Leave Petition ought not to be entertained. However, in view of the extensive arguments at the Bar we deem it appropriate to support our aforesaid

conclusion with the reasons therefor.

2

2.

The brief facts are as follows: The petitioner – 'Royal Orchid Hotels Limited' got registration of its trademark ‘Royal Orchid’ and 'Royal Orchid Hotels' in class 16 sometime in the year 2005. The aforesaid registration was challenged by the Respondent No.1 before the Intellectual Property Appellate Board (for short, 'IPAB') which dismissed the challenge on 04.10.2011. The respondent No.1 approached the High Court of Madras by instituting Writ Petition Nos.26544-26545 of 2011, which was dismissed by the High Court on 07.02.2014. The special leave petition against the order of the High Court was also dismissed by this Court on 01.09.2014. The dispute with regard to registration of the trademarks 'Royal Orchid' and Royal Orchid Hotels in class 16, therefore, has attained finality in law.

3.

It appears that the petitioner sometime in the year 2004 applied for registration of its aforesaid trademarks in class 42. This was

3 refused by the Deputy