HOTELS.COM,LP vs BARATH M L AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26.09.2025 + CS(COMM) 1133/2024 HOTELS.COM, LP .....Plaintiff versus BARATH M L AND ANR .....Defendants Advocates who appeared in this case For the Plaintiff : Mr. Prithvi Singh, Mr. Rohan Seth & Ms. Vanshika Singh, Advs. For the Defendants : None. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J CS(COMM) 1133/2024 & IA No. 18971/2025 1. IA No. 18971/2025 has been filed on behalf of the Plaintiff under Order XIII-A, Rules 3 and 6(1)(a), read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking a Summary Judgment. 2. The Plaintiff has filed the present Suit for a decree of permanent injunction restraining infringement of its Trade Mark, passing off, dilution, Signature Not Verified CS(COMM) 1133/2024 Page 1 of 13 Signed By:NEELAM SHARMA Signing Date:26.09.2025 16:57:35 damages, rendition of accounts, delivery up, etc. FACTUAL BACKGROUND: 3. The dispute between the Parties, essentially pertains to the Defendants’ unauthorized use of the Marks, ‘HOTELCOM’ and the logo ‘ ’ (“Impugned Marks”). The Plaintiff is the owner and proprietor of the Trade Mark, ‘HOTELS.COM’ (“Plaintiff’s Mark”) registered in India under Classes 9, 35 and 43 and other variants of the Plaintiff’s Mark which are registered outside of India. 4. Vide order dated 07.05.2025, it was recorded that the Defendants, despite being served, have neither entered appearance nor have they filed their respective Written Submissions and accordingly, the Defendants’ right to file Written Submissions was closed and the Defendants were directed to be proceeded ex-parte. SUBMISSIONS ON BEHALF OF THE PLANTIFF: 5. Mr. Prithvi Singh, learned Counsel for the Plaintiff submitted that the Plaintiff is a leading provider of consume