In a recent judgment, the Bombay High Court restrained Orchid Hotel and Hostel from using the word “ORCHID” for its hospitality services, holding that the name infringes the registered trademark of Kamat Hotels (India) Limited, which operates the five-star hotel chain “The Orchid.”

The trademark infringement suit was filed by Kamat Hotels, and the case came up before the bench of Justice Sharmila U. Deshmukh. Kamat Hotels, incorporated in 1986, has held the rights to use “THE ORCHID/ORCHID” for its chain of five-star hotels since 1995, with its earliest trademark registration dating back to 1997. The company’s turnover, sales figures, and advertising expenditure clearly demonstrated the goodwill and reputation associated with the mark.

Background:

Kamat Hotels discovered the existence of “Orchid Hotel and Hostel” in the first week of December 2023 and immediately issued a cease-and-desist notice, which evoked no response. Subsequent online searches revealed that the infringing establishment was listed for bookings on several websites.

Kamat Hotels argued that the other business was using a name confusingly similar to its own, and that merely adding the words “Hotel and Hostel” did not create a meaningful distinction. They stressed that “The Orchid” is a long-established, registered trademark backed by years of continuous use, while the competitor had not registered its mark at all.

Court Ruling:

The court concurred with Kamat Hotels’ position. It found that Orchid Hotel and Hostel had offered no reasonable justification for adopting a name so similar to a well-known and registered mark, particularly when Kamat Hotels had spent decades building strong recognition and goodwill around “The Orchid.”

Accordingly, the court held that Kamat Hotels had made out a strong prima facie case. It restrained Orchid Hotel and Hostel from using the name “Orchid Hotel & Hostel” or any similar mark. The court also directed the online booking platforms named in the suit to remove all listings for the establishment. Additionally, Orchid Hotel and Hostel was ordered to take down every online listing, website reference, or media content containing the disputed name.

The matter will be next heard on December 3, 2025.

Case Title: Kamat Hotels India Limited v. Orchid Hotel and Hostel,(Interim Application (L) NO.33327/2025 in Commercial IP Suit No.32915/2025)

Advocate For the Plaintiff: Adv. Muralidhar Khadilkar along with Adv. Chinmay Page