The Delhi High Court has given thumbs up to the settlement arrived between the scions of the Akoi family over the trademark ‘Imperial’ used for the ionic five-star luxury hotel The Imperial Hotel at Janpath, New Delhi.
In terms of the settlement, the court directed Hardev Singh Akoli and his late brother Jasdev Singh Akoi’s sons – Raidev Singh Akoli and Gobind Singh – not to separately apply or have any rights in the ‘Imperial’ trademark and its identically similar name.
“In terms of the settlement, the families of Hardev Singh Akoi and late Jasdev Singh Akoi admit/acknowledge that as on date, Hardev Singh Akoi (50%), Raidev Singh Akoi (25%) and Gobind Singh Akoi (25%) are the joint and exclusive owners of the trademark ‘Imperial’ and that no one will separately apply or have any rights in the trademark Imperial or any other trade mark, trade name, copyright, whether registered or unregistered, identical or deceptively similar,” Justice Mini Pushkarna directed while putting an end to a 16-year-old suit relating the trademark.
This court has perused the terms of the settlement between the parties and finds the same to be lawful, the HC stated in its order.
To maintain family peace, harmony and goodwill, all the family members had mutually agreed to settle the suit amicably as well as to resolve all possible past, present, or future misunderstandings, issues, differences, and disputes that have or may lead to rift and protracted litigation between the families of Hardev Singh Akoi and Jasdev Singh Akoi.
The hotel was founded by late Ranjit Singh in 1931, which was inherited later by late Rajdev Singh. Hardev and Jasdev are the sons of late Rajdev Singh and each had 50 percent joint ownership rights in the Imperial Hotel. They were also joint owners of the ‘Imperial’ trademark and the device of a ‘lion’ with a crown.
In 2007, Hardev alleged that he came to know that Jasdev had circulated a book titled “The Imperial” written by Andreas Augustin in the hotel rooms wherein his brother and his family projected themselves to be the sole promoters and owners of the hotel and also the sole owners of the trademarks, despite knowing fully well that he was the joint owner of the trademarks. Later, Hardev said that he was shocked to learn that without his consent Jasdev had changed the logo of the hotel, which is an inalienable feature of its total brand image.
He alleged that the original lion device, used by the hotel since 1938, had been replaced by “elephant and a tree” logo and the lion device was miniaturized and placed on top of the new logo.
Upon further enquiry, Hardev found that Jasdev’s family had also applied for registration of the trademark Imperial and several other marks of which the word ‘Imperial’ formed an essential feature.
When the case reached the HC, it restrained Jasdev from modifying the trademark without the permission of Hardev. Eventually, the parties were referred to mediation.
