Further, the Court restrained the defendant company from using the domain name ‘www.grandvivanta.com’ and directed the same to be transferred in favour of the Indian Hotels Company Limited within one week.
“The concerned Domain Name Registrar shall give effect to the orders immediately upon request from the Defendant,” the Court added.
The Court also directed all the seized goods bearing the mark VIVANTA/VIVAN in the defendant’s resorts shall be destroyed in the presence of the plaintiff’s representative.
Additionally, the Court directed the infringing party to pay costs of ₹6 lakh by October 15, considering that the plaintiff had deposited the court fee and also incurred the expenses for the survey conducted by a local commissioner.
“Subject to the payment of above costs imposed, the Plaintiff does not press for the relief of rendition of accounts or damages,” the Court noted.
However, the Court allowed the defendant company to use the name GRAND VIHAN for its resort, online platform as well as on its mobile application.
The permanent injunction passed shall come into effect from November 1.
Source: Barandbench
