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WARNING NOTICE
Our clients, KAMAT HOTELS (INDIA) LIMITED, having its registered office at 70-C, Nehru Road, Vile Parle (East), Mumbai - 400 099, are engaged inter alia in providing hospitality services, hotel and catering business since last nearly two decades. In relation to the aforementioned services and/or goods, our clients are the prior adopter, bonafide user, actual owner and the proprietor of the trade mark ORCHID which mark is in use since last nearly decade. Our client's trade mark ORCHID is identified as An Ecotel Hotel of 5 star status and is recognized as the First Ecotel Hotel in Asia, which is the Hallmark of Environmentally Sensitive Hotels.
Our clients have protected its trade mark ORCHID under the provisions of The Trade Marks Act, 1999, and are also the registered proprietors of the copyright in the artistic label as above depicted. By virtue of long continuous use and registration thereof, our clients have acquired immense goodwill and reputation in the trade mark ORCHID which mark has become distinctive of our client's services and business. Any use of the said trademark ORCHID or of a mark deceptively similar thereto when used in relation to similar services and business is likely to result in confusion and deception and would tantamount to violation of our client's common law and/or statutory rights
Recently our clients have learnt that a company named Royal Orchid Hotel Ltd., which is engaged in offering like services and business as that of our clients, have adopted a name and mark ROYAL ORCHID which is deceptively similar to the reputed and well known trade mark ORCHID of our clients. The said entity is coming out with a public issue under the said corporate name which too is confusingly similar to the trade mark of our clients. Notice is hereby given that the use of the name and mark ROYAL ORCHID by the said entity either as a trade mark in relation to the aforementioned services and even as part of their business name constitutes passing off on our client's common law rights in their aforementioned trade mark ORCHID for which our clients are at liberty to initiate necessary legal proceedings against such infringers entirely at their risk as to costs and consequences.
The general public is hereby cautioned and informed that Kamat Hotel (India) Ltd. Have no co-relation or nexus of any kind whatsoever with Royal Orchid Hotels Ltd.and anyone investing in the public issue of Royal Orchid Hotels Ltd.would be doing so at its own peril for which our clients cannot be held responsible
Dated : 10-01-2006
ARJUN T. BHAGAT & CO.
Advocates / Trade Marks & Patents Attorneys,
132/1, Shaheen Apts., Modi Street, Fort, Mumbai - 400 001.
PH : 2269-6729/3717/3718, FAX : 2269-5875.
E-Mail : atbco@vsnl.com
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