‘Atlantis Resorts Enjoy Enormous Global Reputation’: Delhi High Court Grants Interim Injunction Against Use Of Infringing Marks

[18 May 2022] The Delhi High Court granted injunction in favour of Kerzner International, a company which owns the chain of Atlantis resorts in Dubai, Bahamas and China, against one Vokas Aggarwal using the mark ‘Atlantis Park Ballroom’ in respect of a banquet hall. Though the resort is not situated in India, Justice Prathiba M Singh observed, “Plaintiff’s mark ‘ATLANTIS’, owing to the unique nature of the resorts which are run by it, have prima facie, gained enormous global reputation, especially in the Indian subcontinent.” It noted that the mark of the Plaintiff is registered in several Classes and specific figures have been given in respect of revenues earned from bookings made from India. The revenue figures show that thousands of bookings are made from India every year with the Plaintiff. In the year 2019, 27,892 bookings were made and the total revenue for that year attributable to India was 16 million dollars. In this backdrop, it observed, “The Plaintiff has made out a prima facie case for grant of an injunction. The balance of convenience lies in the favour of the Plaintiff and if relief is not granted at this stage, irreparable loss would be caused to the Plaintiff. However, considering the fact that the Defendants may have made various bookings of the banquet hall for third parties, this Court is of the opinion that the Defendants are only to be restrained partially at this stage.”