Bombay High Court Restrains City Hotel From Infringing Five-Star Hotel Chain Orchid's Trademark
The Bombay High Court has restrained “Orchid Hotel and Hostel” from using the word “Orchid” for its hospitality services, after finding that the name infringes the registered trademark of Kamat Hotels (India) Limited, which runs the five-star hotel chain “The Orchid”. The ad-interim injunction will remain in force until December 3, 2025. A single bench of Justice Sharmila U...
The Bombay High Court has restrained “Orchid Hotel and Hostel” from using the word “Orchid” for its hospitality services, after finding that the name infringes the registered trademark of Kamat Hotels (India) Limited, which runs the five-star hotel chain “The Orchid”.
The ad-interim injunction will remain in force until December 3, 2025.
A single bench of Justice Sharmila U Deshmukh passed the order on November 12, 2025, in a trademark infringement suit filed by Kamat Hotels.
Kamat Hotels said it was incorporated in 1986 and has used the marks “THE ORCHID” and “ORCHID” since 1995 for its five-star hotels, with its earliest trademark registration dating back to 1997.
It submitted that the goodwill and reputation attached to its mark were evident from its sales turnover and advertising expenditure.
The company told the court that it discovered “Orchid Hotel and Hostel” in December 2023 and issued a cease-and-desist notice that elicited no response. An online search, it said, showed that bookings for the hostel were being enabled across multiple online platforms.
Kamat Hotels argued that the rival name was deceptively similar and that adding the descriptive words “Hotel and Hostel” did not distinguish it. It pointed out that its rights were established through long-standing registrations and continuous use, whereas the rival mark was unregistered.
The court held that Orchid Hotel and Hostel had no prima facie defence for adopting a deceptively similar mark when Kamat Hotels' registered trademark had acquired distinctiveness through decades of use. The judge noted that the goodwill associated with “The Orchid” had been demonstrated through the material on record.
Finding a strong prima facie case, the court restrained Orchid Hotel and Hostel from using “Orchid Hotel & Hostel” or any identical or deceptively similar mark. It also directed the online booking platforms named in the suit to take down all listings of the hostel, and ordered Orchid Hotel and Hostel to remove its own listings using the disputed name from all online platforms, websites, and media.
The matter will be heard next on December 3, 2025.
Case Title: Kamat Hotels India Limited v. Orchid Hotel and Hostel
Case Number: IA (L) NO.33327 of 2025 in Commercial IP Suit No.32915 of 2025
For the Plaintiff: Advocates Muralidhar Khadilkar along with Advocate Chinmay Page