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Thursday, July 14, 2011

HILTON TRADE MARK DISPUTE: SC gives no relief to Hilton Int in trademark row!

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SC gives no relief to Hilton Int in trademark row
SC gives no relief to Hilton Int in trademark row.

The Supreme Court has dismissed global hospitality chain Hilton International Corp's plea seeking exclusive right over trade mark 'Hilton' while allowing an Indian entity to continue with its business under the name 'Hilltone'.
Hilton International's petition challenged 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.
"We see no reason to interfere in the matter. The special leave petition is dismissed," an apex court bench of justices Aftab Alam and R.M. Lodha said.
The high court had upheld an order of the district court restraining Hilton International 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 district court had passed the order on a petition by Hotel Hilltone founded in 1973 and based in Sirohi, Rajasthan. Hilton International made its foray into India in 2007 in association with DLF.

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