INTERNATIONAL BUSINESS MACHINES CORPORATION vs TIVOLI GARDENS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + C.A.(COMM.IPD-TM) 45/2025 & IA Nos.19415/2025 & 26937/2025 INTERNATIONAL BUSINESS MACHINES CORPORATION .....Appellant Versus TIVOLI GARDENS & ANR. .....Respondents Advocates who appeared in this case For the Appellant : Mr. Peeyoosh Kalra, Mr. C.A. Brijesh & Ms. Simranjot Kaur, Advocates. For the Respondents : Mr. Rishi Bansal & Mr. Indraneil Choudhary, Advocates for R-1. Ms. Nidhi Raman, Mr. Om Ram & Mr. Arnav Mittal, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed under Section 91 of the Trade Marks Act, 1999 (“Act”) assailing the order dated 23.04.2025 (“Impugned Order”) passed by the learned Assistant Registrar of Trade Marks, New Delhi. Signature Not Verified C.A.(COMM.IPD-TM) 45/2025 Page 1 of 24 Signed By:NEELAM SHARMA Signing Date:28.02.2026 15:56:11 FACTUAL BACKGROUND: 2. The Appellant is a cloud platform and cognitive solutions company operating in over 170 countries. It is claimed in the present Appeal that the Mark ‘TIVOLI’ (“Subject Mark”) is one of the most recognized names in enterprise systems and IT infrastructure management. It is further claimed that the Subject Mark traces its origin to Tivoli Systems Inc. In 1996, Tivoli Systems Inc. was acquired and merged with the Appellant, making Appellant the owner of the Subject Mark. 3. It is claimed by the Appellant that the Appellant’s ‘TIVOLI’ suite represents a comprehensive collection of software products designed to provide an integrated management framework for enterprises with extensive IT infrastructure. It is further claimed that over the past three decades, the Appellant has continuously and extensively used the Subject Mark worldwide and the same ha