The Delhi High Court allowed ITC Limited’s interim injunction application, restraining Bukhara Inn from using the mark “Bukhara” and any deceptively similar marks in relation to hotel, restaurant, and hospitality services, citing the likelihood of confusion and dilution of ITC’s well-known trademark.
“Bukhara” is a renowned brand in India’s fine-dining sector with a longstanding reputation. The defendant, operating under “Bukhara Inn,” offered hospitality services that the plaintiff alleged would mislead customers into thinking association with ITC’s mark, thereby harming ITC’s goodwill.
ITC Limited, the plaintiff and owner of the famous “Bukhara” restaurant and mark, filed the suit against Bukhara Inn for trademark infringement and passing off. ITC claimed exclusive rights over the mark “Bukhara” widely recognized in hospitality, seeking to enjoin Bukhara Inn’s use to prevent consumer deception and protect brand goodwill.
ITC had previously actively protected its “Bukhara” trademark. The plaintiff issued cease-and-desist notice before approaching court. The defendant had continued use, prompting recourse to judicial remedy.
The Bench comprising Justice Manmeet Pritam Singh Arora examined the similarity in marks, services rendered, and the plaintiff’s established goodwill and trademark registrations. It observed a likelihood of confusion in ordinary consumers and reaffirmed protection of well-known marks to prevent unfair competition.
The Court found a prima facie case favouring ITC and the balance of convenience tipped towards it as misuse would cause irreparable harm. The defendant, its agents, and affiliates were restrained from advertising, selling, or displaying the mark “Bukhara” or confusingly similar marks for any hospitality services pending final adjudication. The matter is scheduled for next hearing on 14 April 2026.
Appearances:
For the Petitioner: Mr. Arvind K. Nigam, Sr. Advocate with Mr. Gopal Jain, Ms. Shyel Trehan, Mr. Tanmay Mehta, Ms. Suhrita Majumdar, Mr. Debjyoti Sarkar, Mr. Afzal B. Khan, Mr. Sharad Besoya, Mr. Agnish Aditya, Ms. Vidhi Jain and Mr. Rohan Poddar, Advocates
