RAMADA INTERNATIONAL, INC. vs CLUBRAMADA HOTELS AND RESORTS PRIVATE LIMITED & ANR.

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 649/2021 & I.A. 16631/2021, I.A. 16634/2021, I.A. 12542/2022, I.A. 13197/2022, I.A. 13198/2022, I.A. 13690/2022, I.A. 13691/2022, I.A. 14684/2022, I.A. 17946/2022, I.A. 13779/2023, I.A. 45379/2024 RAMADA INTERNATIONAL, INC. .....Plaintiff Through: Mr. Ashwani Balayan, Ms. Richa Pushpam, Advocates (M:999929241) Email: [email protected] versus CLUBRAMADA HOTELS AND RESORTS PRIVATE LIMITED & ANR. .....Defendants Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 17.02.2025 MINI PUSHKARNA, J (ORAL) I.A. 45379/2024 (Application seeking summary judgment) 1. The present application has been filed under Order XIII-A Rules 3 and 6(1)(a) of the Code Procedure Code, 1973 (“CPC”), read with Section 151 CPC, as amended by the Commercial Courts Act, 2015, seeking summary judgment. 2. The present suit has been filed seeking permanent injunction restraining the defendants from infringing and using the impugned marks, Signature Not Verified Digitally Signed CS(COMM) 649/2021 Page 1 of 20 By:AMAN UNIYAL Signing Date:09.03.2025 20:08:15 i.e., „CLUB RAMADA‟, „CLUB RAMADA HOTELS AND RESORTS‟, „CLUB RAMADA VACATION‟ and „HOLIDAYS BY CLUB RAMADA VACATION‟ and any other deceptively similar mark to that of plaintiff‟s mark, i.e., „RAMADA‟. 3. The plaintiff seeks a summary judgment against the defendants, on the ground that the defendants have no prospect of defending the plaintiff‟s claims. 4. The case as canvassed by the plaintiff, is as follows: 4.1 The plaintiff first adopted the trademark RAMADA in 1954 for its hotel in Arizona, United States of America (“USA”). Presently, the plaintiff franchises and manages over 900 hotels across more than 60 countries, including India. 4.2 In India, the plaintiff filed its first trade