Hilton International moves SC over trademark issue

Hilton International's petition challenges the order of Jodhpur bench of the Rajasthan High Court which in April had rejected the New York-based entity's claim to exclusively use 'Hilton' trade mark for its hospitality business in India.

Admitting the petition, a Supreme Court bench comprising Justices Aftab Alam and R M Lodha issued notices to Hotel Hilltone and directed it to file reply within four weeks.
The high court had upheld an order of the district court restraining Hilton International Corp from using its trade mark as it has 'deceptive similarity' with Hotel Hilltone.

The lower court had restrained the international hospitality group from using any kind of "misleading logo and mark" which has potential to cause confusion among the general public and directed it not to carry on the business of hotel and food items under "such duplicate trademark".

The order was passed on a petition from Hotel Hilltone founded in 1973 and based in Sirohi, Rajasthan. The petitioner contended that it was registered under the Companies Act, 1956.

The petitioner had sought a direction to restrain Hilton International Corporation from carrying on business in India by using a "deceptively similar trademark".
"The defendant, in any state of India, may not use the registered trademark Hotel Hilltone of the plaintiff or any kind of sabotage in it by using any kind of misleading logo and mark.

"It may not use and enjoy by causing confusion of being plaintiff's hotel and in collaboration with any other Indian establishment may not carry on business of hotels and food items under such duplicate trade mark," the court said in the order passed in April.

Conrad Hilton had bought his first hotel in 1919 and founded the international chain of hotels named Hilton in 1925 in Dallas, Texas.Hilton has a joint venture in India with DLF. It has three hotel properties, including two in Delhi.

"The defendants (Hilton International Corporation and Hilton International) are restrained by permanent injunction that they not give the threat to the plaintiff to use the name of Hotel Hilltone and the defendant may not create any obstruction of any kind in the manufacturing and sale of the food items to be manufactured by the plaintiff under the registered trademark," the order said.

The court has rejected the contention of Hilton International that the domestic firm has adopted its name and trademark for deriving benefits of its fame and reputation.