The Delhi High Court has passed an ex-parte interim order restraining Jerome Fernandes and his hotel in Goa from using the trademarks 'Hotel Jerome's Holiday Inn' and 'Holiday Inn' in a suit filed by Six Continents Hotels, Inc., the Indian subsidiary of InterContinental Hotels Group (IHG). The order, dated August 17, 2026, was delivered by Justice Anup Jairam Bhambhani in the matter of Six Continents Hotels, Inc Vs Mr Jerome Fernandes.
The plaintiff, Six Continents Hotels, asserted that it has been the registered proprietor of the trademark 'Holiday Inn' since 1964 and that the mark has been declared a well-known trademark in India. It contended that the defendant's use of the phrase 'Hotel Jerome's Holiday Inn' constituted an unauthorized and deceptive adoption of the plaintiff's registered mark, thereby causing confusion among consumers and diluting the distinctiveness of the plaintiff's brand.
Upon considering the submissions and documentary evidence placed on record, the Court observed that the plaintiff had made out a prima facie case in its favour. The bench noted that the defendant's hotel name incorporated the entirety of the plaintiff's trademark, leaving little room for doubt regarding the likelihood of confusion among the public seeking accommodation services under the Holiday Inn brand.
The Court further held that the balance of convenience lay in favour of the plaintiff. It reasoned that granting the interim injunction would prevent ongoing harm to the plaintiff's reputation and goodwill, whereas denying the relief would allow the defendant to continue benefiting from the plaintiff's established brand equity without authorization. The Court emphasized that the plaintiff would suffer irreparable loss and injury if the injunction were not granted, particularly due to the potential for consumer confusion and unauthorized association with the defendant's services.
In light of these findings, the Delhi High Court directed Jerome Fernandes to immediately cease and desist from using the marks 'Hotel Jerome's Holiday Inn' and 'Holiday Inn' in connection with his hotel business. The Court also ordered the removal of all advertisements, listings, and references to the hotel under the impugned name from online travel platforms including Goibibo, MakeMyTrip, TripAdvisor, and Trivago.
The interim relief was granted ex-parte, meaning the order was passed without hearing the defendant, based on the strength of the plaintiff's initial showing. The Court clarified that the order is interlocutory in nature and subject to revision upon the defendant's appearance and filing of a written statement. The next date of hearing has not been specified in the available record.
Counsel Nancy Roy and Prakriti Varshney appeared for Six Continents Hotels during the proceedings. The plaintiff relied on its long-standing use and registration of the 'Holiday Inn' mark, its status as a well-known trademark under Indian law, and the likelihood of confusion arising from the defendant's branding to substantiate its claim for interim protection.
The order underscores the Court's willingness to intervene swiftly in trademark disputes where a prima facie case of infringement is established, particularly when the mark in question enjoys significant recognition and reputation in the relevant market. It reaffirms the principle that unauthorized use of a well-known trademark, even in a modified or combined form, may constitute infringement if it creates a likelihood of confusion or takes unfair advantage of the mark's distinctive character.