ITC Limited & Anr. v. Adyar Gate Hotels Limited

Territorial jurisdiction, acquiescence and copyright ownership in a composite logo must be assessed separately under the applicable statutory provisions and the evidence on record.

SHORT DESCRIPTION ABOUT THE CASE:

This appeal concerned ITC's trademark and copyright claims against Adyar Gate Hotels Limited. The Delhi High Court Division Bench examined issues relating to territorial jurisdiction, the statutory framework governing trademark and copyright proceedings, acquiescence and copyright in the artistic work forming part of a logo.

FACTS:

ITC Limited and its co-appellant instituted proceedings against Adyar Gate Hotels Limited concerning alleged infringement of trademark rights and copyright in a logo and related artistic material.

The dispute involved the use of marks and logo elements in the hospitality sector. The parties raised issues concerning the jurisdiction of the Court, the statutory provisions applicable to trademark and copyright proceedings and the effect of alleged acquiescence.

The matter came before the Division Bench in an appeal against the earlier decision. The Court examined the relevant provisions of the Trade Marks Act, 1999, and the Copyright Act, 1957, together with the pleadings and evidence relating to the parties' respective rights.

FINDINGS:

The Division Bench addressed territorial jurisdiction with reference to the statutory provisions governing trademark and copyright suits. It considered the distinction between jurisdiction under the general provisions of the Code of Civil Procedure and the special jurisdictional provisions contained in the relevant IP statutes.

The Court also examined the issue of acquiescence and the requirements for establishing copyright infringement in an artistic work forming part of a logo.

The decision illustrates that trademark and copyright claims arising from the same commercial logo may involve separate statutory tests and should not automatically be treated as identical causes of action.

SUGGESTION:

When drafting a trademark and copyright plaint, plead the jurisdictional basis separately for each cause of action. Identify the relevant statutory provisions and plead the facts establishing jurisdiction under those provisions.

For logo disputes, preserve evidence of authorship, assignment, ownership, creation dates, use, registration and the commercial history of the artistic work. Where acquiescence is raised, examine the actual knowledge, conduct and relevant period of the parties rather than relying on delay alone.

JUDGMENT / PRINCIPLE:

The Division Bench delivered its decision on 1 July 2026, allowing the appeal. The case is relevant for understanding the separate statutory treatment of trademark and copyright claims, territorial jurisdiction and acquiescence in disputes involving commercial logos.