Six Continents Accommodations submitted that it had registered the mark ‘Vacation Inn’ in 1964 and the identical has been designated as a well known trademark in India.
It was claimed that Fernandes subsumed the whole mark in its title ‘Lodge Jerome’s Vacation Inn’.
The Courtroom noticed {that a} prima facie case has been made out warranting an interim injunction in opposition to the Goan resort.
“Based mostly on a preliminary appreciation of the matter, this court docket is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the stability of comfort additionally lies in favour of the plaintiff and in opposition to the defendant; and it will seem that irreparable loss and harm could be induced to the plaintiff if the interim injunction as prayed-for is just not granted,” the Courtroom noticed.
