INDIAN EXPRESS AND COMMERCIAL VENTURES AND PROJECTS PRIVATE LIMITED vs FUNDAMENTAL HOSPITALITY PRIVATE LIMITED

Judgment text excerpt

ial-35432-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.35432 OF 2025 IN COMMERCIAL IP (L) NO.35330 OF 2025 Indian Express and Commercial Ventures and ...Applicant/ VISHAL Projects Private Limited Plaintiff SUBHASH PAREKAR Versus Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.12.19 Fundamental Hospitality Private Limited and ...Respondents/ 20:15:20 +0530 Another Defendants —————— Mr. Sandeep Parikh i/b. Mr. Liliaan Daas, Mr. Arsalan Thaver, Ms. Samishka Malekar and Ms. Kajal Panhalkar i/b. Abhiraj Parab, for the Applicant/ Plaintiff. Mr. Anand Mohan a/w. Mr. Lavin Hirani and Mr. Ishan Puranik i/b. Mr. Vikramaditya Chavan, for Defendant Nos. 1 and 2. CORAM : SHARMILA U. DESHMUKH RESERVED ON : DECEMBER 01, 2025 PRONOUNCED ON : DECEMBER 19, 2025 -------------- ORDER : 1. This is an action for infringement of trade mark and passing off. With consent the Interim Application is taken up for final hearing. 2. The Plaintiff and the Defendants are in the business of restaurant services. The Plaintiff seeks to restrain the Defendants and their employees, servants, agents assigns from using the impugned trademark “HOM” by itself or in combination with any other word or any other mark deceptively similar to the Plaintiff’s trademarks “HOM”, Vishal Parekar 1/24 ial-35432-2025.doc “HOM House Of Mandarin” and registered trademark “HOM House of Mandarin” and from passing off their services as that of Plaintiff. 3. The Plaintiff has come with the case that in the year 2016, the Plaintiff conceived and adopted the trade mark “House Of Mandarin” and applied for registration of the trade mark in Class 16 and 43 on 26 th July, 2017 and secured registration. In the year 2017, the Plaintiff started a new restaurant u