Indian Express And Commercial Ventures ... vs Fundamental Hospitality Private ...

ik-29124043 Bombay High Court 19 December 2025 • 22 min read

Judges (1)

Sharmila U. Deshmukh Delivered

Counsel (10)

Abhiraj Parab Counsel Plaintiff Anand Mohan Counsel Defendant Arsalan Thaver Counsel Plaintiff Ishan Puranik Counsel Defendant Kajal Panhalkar Counsel Plaintiff Lavin Hirani Counsel Defendant Liliaan Daas Counsel Plaintiff Samishka Malekar Counsel Plaintiff Sandeep Parikh Counsel Plaintiff Vikramaditya Chavan Counsel Defendant

Parties (2)

Fundamental Hospitality Private Limited Defendant Indian Express and Commercial Ventures and Projects Private Limited Plaintiff

Case Significance

Indian Express And Commercial Ventures ... vs Fundamental Hospitality Private... is a Bombay High Court decision dated December 19, 2025 (citation: ik-29124043). The plaintiff, operating the restaurant 'HOM House of Mandarin', sought to restrain the defendant from using the mark 'Hom' for their restaurant, alleging trademark infringement and passing off. The Court dismissed the interim application, finding no prima facie case of infringement as the marks were visually distinct in calligraphy, the plaintiff's association with the abbreviation 'HOM' was vague, and both premium restaurants catered to an informed consumer base making likelihood of confusi The case was heard by Justice Sharmila U. Deshmukh.

Summary

The plaintiff, operating the restaurant 'HOM House of Mandarin', sought to restrain the defendant from using the mark 'Hom' for their restaurant, alleging trademark infringement and passing off. The Court dismissed the interim application, finding no prima facie case of infringement as the marks were visually distinct in calligraphy, the plaintiff's association with the abbreviation 'HOM' was vague, and both premium restaurants catered to an informed consumer base making likelihood of confusion bleak.

What was the outcome of Indian Express And Commercial Ventures ... vs Fundamental Hospitality Private...?

The plaintiff, operating the restaurant 'HOM House of Mandarin', sought to restrain the defendant from using the mark 'Hom' for their restaurant, alleging trademark infringement and passing off. The C...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-29124043)