Is Goodwill Enough For A Well-Known Trademark?

On 24^th November, 2022, the Honorable Delhi High Court declared ITC Limited's (the Plaintiff) Trademark "BUKHARA" as a well-known trademark, and further restrained Central Park Estates Private Limited (the Defendants) from using the mark "BALKH BUKHARA", or any other mark which is identical or deceptively similar to the Plaintiff's mark "BUKHARA" for their restaurant, hotel or other hospitality related services. The relevant facts of the case that led to such decree by the Honorable Court have been elucidated below:

Material Facts

The Plaintiff began operating in the hotel industry in 1975, and was known as one of India's leading private sector businesses with operations in a variety of industries, including fast-moving consumer goods (FMCG), hotels, paperboard and packaging, agribusiness, and information technology. In the late 1970s, the Plaintiff registered the trademark "BUKHARA" for its restaurant at the ITC Maurya Hotel. The restaurant was well-known for