Delhi HC restrains developer from using ‘Burj’ in names of upcoming projects

“The essential features of the trademark of the plaintiff have prima facie been copied,” said the court. However, the court said that Jumeirah prima facie cannot enjoy a monopoly on the trademark over the goods or class of goods in which it is not operating.

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The court adjourned the case for further consideration on November 30. (File)

The Delhi High Court Tuesday has restrained a real estate developer from using ‘Burj’ in any manner for its upcoming projects but allowed it to continue the use of ‘BURJNOIDA’ for an ongoing residential project.

The owners of the Burj Al Arab hotel in Dubai had approached the court against the use of ‘Burj’ by Designarch Consultants Private Limited, a construction company in Delhi.

Justice Jayant Nath said that Designarch Consultants’ trademarks prima facie appear to be “deceptively” similar to that of Jumeirah Beach Resort LLC, which manages the hotel.

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“The essential features of the trademark of the plaintiff have prima facie been copied,” said the court. However, the court said that Jumeirah prima facie cannot enjoy a monopoly on the trademark over the goods or class of goods in which it is not operating.

The court noted while the Dubai-based group is majorly into running its international hotel, the Delhi-based company is into building construction.

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