Delhi HC declares 'RITZ' and 'RITZ-CARLTON' as well-known trademarks
The lawsuit was filed by The Ritz Hotel Limited (owners of the legendary Ritz Paris), The Ritz-Carlton Hotel Company, and Ritz Paris against an Indian entity operating under the infringing names “Hotel Ritz” and “Ritz Hotel.”
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The Delhi High Court has declared the trademarks 'RITZ' and 'RITZ-CARLTON' as "well-known trademarks" under Indian law, as per media reports. The Court also issued a permanent injunction against an Indian hotel operator found to be infringing on the marks.
Justice Amit Bansal, presiding over the case, stated that the plaintiffs had established "well beyond doubt" that the marks had earned the status of well-known trademarks due to "long duration of use," "wide geographical area of their use," and "goodwill and reputation owing to extensive promotion and revenue" generated globally, including in India.
The lawsuit was filed by The Ritz Hotel Limited (owners of the legendary Ritz Paris), The Ritz-Carlton Hotel Company, and Ritz Paris against an Indian entity operating under the infringing names “Hotel Ritz” and “Ritz Hotel.”
According to the plaintiffs, the infringement came to light in November 2023, when they discovered that the defendants were using domain names such as 'www.ritz-hotels.com' and 'www.thehotelritz.com'.
Both websites redirected to hotel booking platforms prominently featuring the 'RITZ' mark. The names were also promoted on travel platforms including MakeMyTrip, TripAdvisor, Trivago, and Expedia, the report added.
The plaintiffs argued that these acts amounted to trademark infringement and passing off, and presented evidence showing their use of the RITZ mark in India since at least 1969.
Despite early hearings during which the defendants agreed to stop using the marks and domains, and pledged to avoid deceptively similar alternatives such as “RITIZ” or “RITS,” the plaintiffs continued to report violations. The Court noted that the defendants persisted in using the infringing marks on hotel invoices and stationery.
Justice Bansal granted a decree of permanent injunction in favour of the plaintiffs, restraining the defendants from using the marks in question and ordering the immediate discontinuation of the infringing websites. He also invoked Section 2(1)(zg) of the Trade Marks Act, 1999 to officially recognise ‘RITZ’ and ‘RITZ-CARLTON’ as well-known trademarks in India.
