Delhi High Court closes long pending trademark dispute over Imperial Hotel after settlement

The Delhi High Court on Monday disposed off a 16-year-old suit relating the trademark of Delhi's iconic ‘The Imperial’ hotel after the members of Akoi family, who own and operate the hotel, reached a settlement [Hardev Singh Akoi Vs Jasdev Singh Akoi]..The settlement acknowledged that the trademark "Imperial" is jointly owned by Hardev Singh Akoi (50 per cent) and his brother Jasdev Singh Akoi's children, Raidev Singh Akoi (25 per cent), and Gobind Singh Akoi (25 per cent). The parties agreed not to make individual applications for or claim rights in the trademark or any deceptively similar marks. Justice Mini Pushkarna of the High Court found the settlement terms lawful and confirmed that no other disputes related to the trademark were pending.“The parties affirm and confirm that except for the present suit, no other inter-se proceedings or complaint of any nature whatsoever, has been filed/pending with any Court/Tribunal/Authority, etc., in relation to the trademark: Imperial. Both the parties are held bound by the terms of the settlement," the December 16 order said. .The Court accepted the settlement, decreeing the suit based on the agreed terms. It directed that the application, containing the original signatures of all parties, be placed in the case file. The Court also instructed that a decree sheet be drawn up and canceled all pending hearings..The dispute concerns the trademark "Imperial" and its lion logo, which were considered symbols of a prestigious hotel’s goodwill. Brothers Hardev Singh Akoi and Jasdev Singh Akoi, joint owners of the hotel, disagreed over certain alterations to the trademark and its use. Alleging unilateral changes by Jasdev Singh Akoi, Hardev Singh Akoi sought court intervention to maintain the trademark's integrity and prevent unauthorised use.It was argued that the trademark has gained a reputation and goodwill through shared efforts and that neither owner can modify or authorise its use without mutual agreement. Specifically, Hardev Singh objected to the Jasdev Singh’s introduction of an elephant logo, which deviates from the original lion logo, and the unauthorised use of the trademark by entities affiliated to him.Jasdev Singh contended that the "Imperial" trademark had evolved, with variations being used across the hotel’s services. Other defendants argued that "Imperial" is a generic term, not subject to exclusive ownership, and credited the hotel’s success primarily to Jasdev Singh and his family..In August 2008, the Delhi High Court restrained Jasdev Singh from modifying the trademark without the permission of Hardev Singh. “The first defendant (Jasdev Singh) is restrained from altering the trademark of Hotel Imperial, by introducing the elephant mark. In view of the fact that the elephant logo had been introduced, the first defendant is enjoined to desist from using it, and shall ensure that the marks existing previously, shall be restored, within six months. The defendants are also restrained from using the composite trademark, including the word IMPERIAL, and the LION LOGO, together, or independently, or in any other deceptively similar manner, holding out to be sole owners thereof, without the plaintiff‟s (Hardev Singh) consent, or in any manner holding themselves to be sole owners of the hotel,” Justice Ravindra Bhat (now retired) held in 2008. .In the meanwhile, since the commercial division of the Delhi High Court was introduced, the suit was renumbered and thereafter referred to mediation. The case came to be settled after being in mediation for for a few years. .The Imperial, New Delhi, is a historic landmark that has witnessed significant events in India's history. Established in 1931, the hotel has been a favourite among dignitaries and celebrities alike. It was founded by SBS Ranjit Singh, who passed it on to Rajdev Singh. Jasdev and Hardev were the children of Rajdev Singh. It was conceptualised in 1934 and officially opened in 1936 by Lord Willingdon, the Viceroy of India.During India's struggle for independence, the hotel served as a meeting place for prominent leaders like Mahatma Gandhi and Jawaharlal Nehru. The Round Table Conferences, crucial discussions between British and Indian leaders, were held there. Post-independence, the hotel continued to be a hub for political and social gatherings..The plaintiff, Hardev Singh Akoi, was represented by Advocates Ajoy Bhushan Kalia and Sanjay Upadhyay.The defendants, including Jasdev Singh Akoi, were represented by Advocates Preetipal Singh Tanupreet Kaur, Yash Saini and Akanksha Singh..[Read Order]