The Delhi High Court has ruled in favor of Indian Hotels Company Limited (IHCL), the owner of Ginger Hotels, in a trademark and copyright infringement case. The court issued a permanent injunction against several fraudulent websites that were illegally using Ginger Hotels' trademarks and misleading customers. Additionally, the court imposed a ₹20 lakh fine on the defendants for their unlawful activities.
IHCL filed a lawsuit against four fraudulent websites—‘gingerhotelmumbai.info’ and ‘hotelgingermumbai.info’—which were misrepresenting themselves as official Ginger Hotels platforms. These fake websites tricked customers into making online payments for hotel bookings under the false pretense of being affiliated with IHCL.
Justice Mini Pushkarna, presiding over the case, noted:
“The actions of the defendants in adopting and using the plaintiff's marks, photographs, content, and forged receipts are clearly malafide, deliberate, and intentional. The defendant's infringing actions are bound to cause deception and confusion in the minds of unwary consumers.”
IHCL informed the court that it launched Ginger Hotels in 2004 and has since built a strong brand reputation through extensive marketing and advertising. The ‘Ginger’ trademark has become widely recognized in the hospitality sector.
The fraudulent websites used the same brand name, content, and images from Ginger Hotels' official website (‘gingerhotels.com’), making it difficult for customers to differentiate between the genuine and fake platforms.
On December 13, 2023, the Delhi High Court had issued an ex parte ad-interim injunction directing:
- Immediate removal of fraudulent websites.
- Suspension of impugned domains by the Domain Name Registrar.
- Freezing of bank accounts linked to the fake websites.
After reviewing the evidence, the court found that the defendants were engaged in criminal activities, intentionally deceiving customers and misusing Ginger Hotels' goodwill.
Justice Mini Pushkarna remarked:
"It is established that defendant nos. 1, 8, 9, and 10 are engaged in illegal activities, which are potentially criminal in nature, aimed at deceiving unwary consumers."
Considering the gravity of the trademark violation and fraudulent misrepresentation, the Delhi High Court issued a permanent injunction against the defendants. The court also ordered them to pay ₹20 lakh in damages to IHCL.
This ruling serves as a strong warning to fraudulent entities attempting to misuse established brand names. The court’s decision reinforces the importance of protecting intellectual property rights and ensuring consumer safety in the digital era.
For businesses, this case highlights the need for constant vigilance to safeguard brand identity and prevent unauthorized use of their trademarks online.
Case title: Indian Hotels Company Limited vs. Ankit Sethi & Ors. (CS(COMM) 882/2023)
