Delhi High Court – Orders
Schloss Hma Private Limited vs Leela Entertainment Private Limited on 24 March, 2026
Author: Jyoti Singh
Bench: Jyoti Singh
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 298/2026
SCHLOSS HMA PRIVATE LIMITED .....Plaintiff
Through: Mr. Pravin Anand and Mr. Ashutosh
Upadhyaya, Advocates.
versus
LEELA ENTERTAINMENT PRIVATE LIMITED .....Defendant
Through:
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 24.03.2026
I.A. 7680/2026 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
I.A. 7676/2026 (for pre-institution mediation)
3. This application is filed on behalf of the Plaintiff under Section 12-A
of the Commercial Courts Act, 2015 read with Section 151 CPC seeking
exemption from Pre-Institution Mediation.
4. Having regard to the facts of the present case wherein urgent relief is
prayed for and in light of the judgment of Supreme Court in Yamini
Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of
this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private
Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from
Pre-Institution Mediation.
5. Application is allowed and disposed of.
CS(COMM) 298/2026 Page 1 of 18
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I.A. 7678/2026 (u/O XI Rule 1 (4) of Commercial Courts Act, 2015 r/w
Section 151 CPC)
6. This application is filed on behalf of the Plaintiff seeking to place on
record additional documents within 30 days.
7. Plaintiff, if it wishes to file additional documents at a later stage, shall
do so strictly in accordance with provisions of the Commercial Courts Act,
2015.
8. Application is allowed and disposed of.
I.A. 7679/2026 (u/S 151 CPC)
9. This application is filed on behalf of the Plaintiff seeking exemption
from filing the required certificate under Section 63(4)(c) of Bharatiya
Sakshya Adhiniyam, 2023 as also an affidavit under Order XI Rule 6(3)
CPC.
10. For the reasons stated in the application, the same is allowed granting
two weeks to the Plaintiff to file certificate under Section 63(4)(c) of
Bharatiya Sakshya Adhiniyam, 2023 as also an affidavit under Order XI
Rule 6(3) CPC.
11. Application stands disposed of.
I.A. 7677/2026 (u/O XI Rules 1, 3 and 5 r/w Section 151 CPC)
12. This application is filed on behalf of the Plaintiff for a direction to the
Defendant to discover on affidavit the details as mentioned in paragraph 2 of
the application and produce the same before the Court.
13. Issue notice to the Defendant through all permissible modes,
returnable before this Court on 15.05.2026.
CS(COMM) 298/2026
14. Let plaint be registered as a suit.
CS(COMM) 298/2026 Page 2 of 18
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15. Upon filing of process fee, issue summons to the Defendant through
all permissible modes, returnable before the learned Joint Registrar on
16.04.2026.
16. Summons shall state that the written statement shall be filed by
the Defendant within 30 days from the receipt of summons along
with affidavit of admission/denial of the documents filed by the
Plaintiff.
17. It will be open to the Plaintiff to file replication within 30 days from
the date of receipt of written statement along with affidavit of
admission/denial of documents filed by the Defendant.
18. If any of the parties wish to seek inspection of any documents, the
same be sought and given the timeline prescribed in Delhi High Court
(Original Side) Rules, 2018.
19. Learned Joint Registrar will carry out admission/denial of documents
and marking of exhibits.
I.A. 7675/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)
20. This application is filed on behalf of the Plaintiff under Order XXXIX
Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim
injunction.
21. Issue notice to the Defendant through all permissible modes,
returnable before Court on 15.05.2026.
22. Case of the Plaintiff as set out in the plaint is that Plaintiff is a private
limited company incorporated on 06.03.2019 under the Companies Act,
2013 and is engaged in the business of ultra-luxury hotels and resorts
management and renders technical, operational, managerial, branding and
advisory services in relation to construction and operations of all the hotels
CS(COMM) 298/2026 Page 3 of 18
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under the LEELA trademarks. Plaintiff conducts its business of high-end
hospitality services under the flagship mark, ‘THE LEELA’ and its stylized
versions , (the ‘L’ device) and . Plaintiff also
offers other services under the trademarks , ARQ BY THE
LEELA, , , , ,
and .
23. It is stated that Plaintiff operates, manages and renders technical
branding advisory to various hotels in India such as The Leela Palace
Bengaluru, The Leela Ambience Gurugram Hotel & Residences, The Leela
Palace Udaipur, The Leela Palace New Delhi and The Leela Ambience
Convention Hotel, Delhi amongst others and each of the properties is
strategically located in key metropolitan, business, cultural and leisure
destinations and have garnered significant domestic and international
recognition, thereby reinforcing the substantial goodwill, reputation, and
distinctiveness associated with the trademark “THE LEELA”.
24. It is stated that Plaintiff is strategically and continuously expanding its
portfolio across India and even internationally, through a robust
development pipeline comprising landmark luxury hospitality projects,
including but not limited to ‘The Leela Srinagar’, ‘The Leela Ayodhya’, ‘The
Leela Palace Agra’, ‘The Leela Ranthambore’, ‘The Leela Bandhavgarh’, ‘The
CS(COMM) 298/2026 Page 4 of 18
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Leela Sikkim’, ‘The Leela Luxury Residences – Mumbai’, ‘The Leela
Jaisalmer’, ‘The Leela Palace Mumbai’ etc. Plaintiff is also in the process of
coming up with its first international venture, ‘The Leela Dubai’, a
beachfront resort on Palm Jumeirah, Dubai, thereby marking the
commencement of its global expansion.
25. It is stated that Plaintiff’s hotels enjoy significant and steadily
increasing patronage from international guests, which clearly evidences the
global recognition and appeal of “The Leela” brand. The number of
international guests staying at Plaintiff’s hotels has shown consistent
increase from 2,39,800 in 2023 to 2,71,694 in 2024 and further to 3,00,078
in 2025. This sustained upward trajectory reflects a growing preference
among foreign travelers for Plaintiff’s hotels despite the fact that as on
date, Plaintiff does not operate any hotel outside India under ‘The Leela’
brand.
26. It is stated that Plaintiff under its flagship mark ‘THE LEELA’ and
other Leela formative trademarks offers comprehensive suites providing
ultra-luxury hospitality services such as butler services, luxury
transportation, bespoke concierge, wellness, recreational services such as
spa & salon, specialty dining services offered by multi-award winning
restaurants such as Jamawar, Megu and Le Cirque, Sheesh Mahal and
exclusive lounge and luxury bars like Library Bar. Plaintiff operated and
managed a hotel in Goa under the brand ‘The Leela’, famously known as
‘THE LEELA GOA’, located near Mobor Beach, until October 2022.
27. It is stated that the trademark “THE LEELA” was originally
conceived and adopted in 1986 by Late Captain C.P. Krishnan Nair,
whereafter Leela Lace Holdings Private Limited and Hotel Leela Venture
CS(COMM) 298/2026 Page 5 of 18
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Limited developed, promoted and extensively used the Leela trademarks in
India in relation to luxury hospitality services. In 2019, private equity funds
managed by affiliates of Brookfield Asset Management Limited acquired
certain hotel undertakings of the former owners including the entire
portfolio of trademarks relating to THE LEELA mark and all associated and
allied marks, as part of comprehensive acquisition of Leela hospitality
business. To give legal effect to this acquisition, Plaintiff became the lawful
proprietor and successor-in-interest to THE LEELA trademarks pursuant to
two Deeds of Assignments dated 16.10.2019.
28. It is stated that by virtue of long, continuous, extensive and consistent
use of THE LEELA for over 40 years, the marks have acquired
distinctiveness and have become synonymous with high-end ultra-luxury
hospitality and related services. Plaintiff has invested years of time, capital,
efforts and resources globally and in India to promote THE LEELA
trademarks and the details of expenditure incurred on advertising and
promotion are as follows:-
29. It is stated that the goodwill and reputation garnered by the Plaintiff
by use of THE LEELA trademarks for its hospitality and other services is
evidenced by the increasing revenues. Estimated sales turnover in India from
2019-2020 to 2024-2025 is as follows:-
CS(COMM) 298/2026 Page 6 of 18
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30. It is stated that owing to the extensive goodwill in the brand THE
LEELA built over 4 decades, LEELA has been ranked among the world’s
best hotels by global authorities like Travel + Leisure and multiple awards
have been won by the brand. Some of the top international awards are Travel
+ Leisure USA World’s Best Awards, 2023 – #3 World’s Best Hotel Brand;
ULTRAs-Luxury Hotel Brand of the Year International Sustainability
Awards 2024-Top 100 Sustainable Hotels & Resorts of the World (The Leela
Palace Bengaluru); and Global Vision Awards by Travel + Leisure USA in
2025. Plaintiff has been vigilant in protecting its rights in Leela trademarks
and has enforced them consistently and rigorously. The Bombay High Court
in Commercial IP Suit No.357 of 2022 granted interim injunction against
misuse of the mark LEELA where the Defendant was using the marks
ANANTARA BY LEELA and LEELA CONVENTION HALL. Plaintiff has
also filed multiple successful oppositions across classes against phonetically
and deceptively similar Leela trademarks, details of which are furnished in
paragraph 42 of the plaint. In order to protect its statutory right, Plaintiff
applied for and has obtained registrations in trademark THE LEELA and its
formative marks as follows:-
CS(COMM) 298/2026 Page 7 of 18
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CS(COMM) 298/2026 Page 8 of 18
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CS(COMM) 298/2026 Page 9 of 18
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CS(COMM) 298/2026 Page 10 of 18
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31. It is stated that ‘L’ device qualifies as ‘artistic work’ under
Section 2(c) of the Copyright Act, 1957. All sketches/drawings, including
digital drawings of the said device are original artistic works, solely
produced and owned by the Plaintiff by virtue of which proprietorship of the
said logo rests solely with Plaintiff. Priority of adoption clubbed with long,
extensive and continuous use since 1986, trademark registrations and
copyright in the original artistic work of stylized letter ‘L’ device, when
viewed together, gives an exclusive right to the Plaintiff to use or authorize
to use the Leela trademarks in relation to services belonging to classes, for
which the marks are registered. By virtue of Section 28 of the Trade Marks
Act, 1999, Plaintiff has the right to restrain third parties from infringing the
marks.
32. It is stated that due to extensive use of the Leela trademarks, Plaintiff
has earned and garnered formidable goodwill and reputation and is
recognized globally as one of the top brands in the hotel industry. By
continuous and uninterrupted use, Plaintiff has acquired common law rights
over the Leela trademarks and is entitled to restrain a third party from
passing off its services as those of the Plaintiff. Plaintiff regularly promotes
its brand and the Leela trademarks through its official website,
www.theleela.com and the domain name hosting Plaintiff’s website was
registered on 24.10.1998. The website is accessible to the public at large
across the globe, further contributing to the goodwill and reputation. All
properties of the Plaintiff displaying the Leela trademarks as also details of
CS(COMM) 298/2026 Page 11 of 18
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offers, reviews etc. are available on the website, under the prominent mark
.
33. It is stated that Plaintiff has invested heavily in promoting the Leela
trademarks through various online platforms and print media. Plaintiff has
advertised itself in various popular and widely circulated periodicals such as
the Robb Report, India Magazine, Invest India, The Business Traveller, GQ
India, Vogue, Hotelier India, Manifest Magazine, Hospitality Horizon,
amongst others and many other popular international periodicals such as
Travel & Leisure, USA. Plaintiff also promotes its brand and services
through its in-house magazine, The Leela Magazine, which is an
independently run wing of The Leela’s brand communication platform and
the contents of the magazine are put together by an independent editor to
maintain the editorial integrity and credibility. Plaintiff also advertises and
promotes the Leela trademarks through various social media platforms under
the brand ‘THE LEELA’ and regularly posts and promotes its properties,
services and experience on these platforms, which is indicative of Plaintiffs
established name in the industry.
34. It is stated that Defendant is a Private Limited Company incorporated
on 28.09.2024 under the provisions of Companies Act, 2013 and is engaged
in the business of providing hospitality services. In November, 2025, during
an internal trademark audit and review, Plaintiff came across Defendant’s
impugned trademark application bearing application number
7128464 dated 19.07.2025, filed on ‘proposed to be used’ basis under
CS(COMM) 298/2026 Page 12 of 18
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Class 43 for ‘services for providing food and drink; temporary
accommodation, hotel accommodation services, restaurant service’. The said
mark, containing the word ‘THE LEELA’ was published in the Trade Marks
Journal bearing No.2231-0 dated 20.10.2025 and was applied for services
identical to that of the Plaintiff. Plaintiff filed notice of opposition dated
05.01.2026 and also issued cease-and-desist notice dated 05.01.2026 to the
Defendant calling upon it, inter alia, to immediately discontinue use of the
mark and the name “THE LEELA”.
35. It is stated that sometime in late January, 2026 Plaintiff was informed
through its market sources that Defendant had earlier hosted the opening of
its club under the impugned mark and name ‘THE LEELA CLUB’ on
31.12.2025 in Vagator, Goa and the club was now active. Plaintiff also
received queries from its sources enquiring whether the said club was under
Plaintiff’s operations, which in fact was not the case. Plaintiff was further
informed that a brochure was circulated by Defendant to promote the
opening of the club under the impugned mark ‘THE LEELA’, screenshot of
which is as follows:-
CS(COMM) 298/2026 Page 13 of 18
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36. It is stated that in March, 2026, Plaintiff initiated an independent
investigation, both online and physical and it was revealed that Defendant
operated through its interactive website, www.theleelaclubgoa.com, wherein
it was stated that Defendant’s club, operating under the impugned mark, was
a premium club in Goa, engaged in organizing parties and events with
international vices, top DJs, luxury ambience and VIP services. The website
disclosed that Defendant was operating around 4 clubs in India and
Thailand, as follows:-
37. It is stated that the website prominently uses the logo
and the impugned mark LEELA. WhoIs Lookup search revealed that
domain was registered on 11.09.2025. Defendant also has two separate GSTCS(COMM) 298/2026 Page 14 of 18
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registrations and has substantive presence on various social media platforms
such as Facebook, Instagram and YouTube and is promoting and advertising
its business under the name ‘The Leela Club’ and logo across
India, including Delhi. Defendant also sells and provides bookings for its
events, parties and other services through multiple online booking agencies
and third party platforms such as BookMyShow, Azzir Events, District by
Zomato, Trip Advisor, etc. under the impugned trademarks and customers
can book from anywhere in India. Physical investigation was carried out at
The Leela Club at Goa, which revealed that the property was located in a
commercial area with a signage prominently displayed at the premises.
38. It is argued on behalf of the Plaintiff that Defendant has intentionally
and mala fidely adopted the impugned marks which are identical/deceptively
similar to Plaintiff’s registered trademark THE LEELA for identical services
as part of its trade name/trademark/corporate name/social media handles
name and domain name. The adoption is clearly in bad faith and to ride upon
the formidable goodwill and reputation created by the Plaintiff owing to its
long, extensive and continuous use of the LEELA trademarks with
distinctive ‘L’ device and quality of ultra-luxury hospitality services and
products associated with it. It is not a mere coincidence that Defendant has
adopted THE LEELA mark, as no one can claim that the goodwill and
reputation of Plaintiff’s LEELA marks is unknown. Use of
identical/deceptively trademarks for identical services by the Defendant is
causing confusion amongst the potential customers and amounts to
infringement of Plaintiff’s registered trademark THE LEELA.
CS(COMM) 298/2026 Page 15 of 18
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39. It is further urged that Defendant has strategically misappropriated
Plaintiff’s goodwill established in the brand THE LEELA to divert potential
customers including foreign travellers at the search and pre-sale stages also,
which is particularly damaging the Plaintiff as it causes loss of potential
revenue. Plaintiff is the prior user and adopter of the mark THE LEELA and
has multiple properties across India, where it offers hospitality services
under the said brand and has built an enviable reputation. Goa is a famous
and busy tourist destination where there is always a high demand for
hospitality services and social events and majority of potential customers
use online platforms for bookings. There is no doubt that while booking the
properties using online booking platforms, customers will be misled into
believing that Defendant’s property has a nexus with or is affiliated to
Plaintiff’s chain of hotels. Defendant has made every attempt to come as
close as possible to Plaintiff’s marks so that it can divert customers and this
misrepresentation is causing irreparable harm to the goodwill and reputation
of the Plaintiff and amounts to passing off. In addition, it is resulting in loss
of revenue and dilution of THE LEELA brand as also tarnishment of
Plaintiff’s image. There is no gainsaying that owing to the efforts of the
Plaintiff and the quality of services offered, THE LEELA is associated
with the Plaintiff alone. Reviews on google show that customers who
have availed services of the Defendant have commented on the low
standard and quality of the services and this is diluting Plaintiff’s brand, day
by day.
40. Having heard learned counsel for the Plaintiff and upon perusal of the
documents, I am of the view that Plaintiff has made out a prima facie for
grant of ex parte ad interim injunction against the Defendant. Balance of
CS(COMM) 298/2026 Page 16 of 18
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convenience lies in favour of the Plaintiff and it is likely to suffer irreparable
harm in case the interim injunction, as prayed for, is not granted.
41. Plaintiff is the registered proprietor of ‘THE LEELA’ mark and its
formative versions , (the ‘L’ device) and and
is in the business of ultra-luxury hotels and resorts and related services. By
virtue of Section 28 of Trade Marks Act, 1999, Plaintiff enjoys the statutory
right to use the marks exclusively and restrain third parties from infringing
them. Defendant is using deceptively similar/identical marks for rendering
identical services and consumer base being common, there is likelihood of
confusion and in fact, Plaintiff has pointed out instances of actual confusion.
Defendant is prima facie infringing Plaintiff’s registered trademarks.
Plaintiff has built an immense reputation for itself in the hospitality industry
and adoption of identical/deceptively similar marks for identical services by
the Defendant is a dishonest adoption and only to misrepresent to the public
that its services have a nexus with or are affiliated to the Plaintiff, which is
causing irreparable harm and injury to Plaintiff’s goodwill and reputation, as
brought forth in the plaint. Comparative of the rival marks is as follows:-
PLAINTIFF'S MARKS DEFENDANT'S MARKS
THE LEELA THE LEELA
THE LEELA CLUB GOA
LEELA ENTERTAINMENT
PVT. LTD
CS(COMM) 298/2026 Page 17 of 18
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42. Accordingly, till the next date of hearing, Defendant, its partners,
directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants,
agents, dealers, distributors, stockists, representatives, licensees and anyone
acting for or on its behalf, directly or indirectly, are restrained from using
the impugned marks ‘THE LEELA’, ‘THE LEELA CLUB GOA’, LEELA
ENTERTAINMENT PVT. LTD. and/or any other mark
identical or deceptively similar to the Plaintiff’s registered trademarks,
‘THE LEELA’ and its stylized versions, , (The ‘L’
Device), and/or any permutations/combinations thereof, for
rendering hospitality services, in any manner whatsoever, including but not
limited to using the impugned marks as part of its corporate name/domain
name/social media handle name/promotional hashtag etc., amounting to
infringement of Plaintiff’s registered marks and/or passing off their services
as those of the Plaintiff.
43. Plaintiff shall comply with the provisions of Order XXXIX Rule 3
CPC within a period of two weeks from today.
JYOTI SINGH, J
MARCH 24, 2026/S.Sharma
CS(COMM) 298/2026 Page 18 of 18
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