Delhi High Court grants permanent injunction to a well-known mark ‘VIVANTA’ against the mark ‘VIVANTA VACATION CLUB’; awards Rs. 6 lakhs costs
The use of ‘VIVANTA VACATION CLUB' as a part of a trade name will likely deceive unwary consumers of their association with the mark ‘VIVANTA' as a domain name can have all the characteristics of a trade mark and could result in an act of passing off.