High Court issues notice to UP firm

The Delhi High Court has restrained Uttar Pradesh-based Trivani Infrastructure Development Company (Tidco) from advertising or promoting its proposed residential flats on the Delhi-Agra road allegedly for infringement of copyright of architecture and artistic work of The Oberoi Rajvilas Hotel & Resort, Jaipur.

It also directed Tidco to maintain status quo with regards the title of the property.

While issuing notice to Tidco, judge Gita Mittal in its ex parte order said that the defendant "shall not issue further advertisement or promotional activities, which would be in breach of the undertaking."

Mittal also asked the defendant to respond to the allegations on July 21, the next date of hearing.

EIH (formerly The East India Hotels) and Oberoi Hotels moved the court against Tidco, alleging infringement of the copyright in respect of their architectural, artistic workmanship, painting, etc, in their hotel--The Oberoi Rajvilas Hotel & Resort, Jaipur.

Besides seeking an order to restrain Tidco from going ahead with further construction of the impugned structure at Delhi-Agra road site, the Oberois had sought a direction to restrain the defendants from advertising and booking further flats.

While the defendants had given an undertaking to remove any similarity with the Oberoi Rajvilas Hotels design and architectural depiction and stop advertisements showing deceptively similar photographs, it had flagrantly violated the undertaking, the petition filed through counsel Manmohan Singh stated.

This showed Tidco's mala fide intention to cash in on the goodwill and reputation of the Oberoi group, it added.

Tidco was infringing its copyright including the right to reproduce artistic work, the Oberoi group said, adding that it had spent huge amount towards research and development of the fort.

The plaintiff further submitted that the overall style and architectural structure including pillars, the design of doors, wall and parapet, colour combination of stones and tiles, etc, were its original artistic work and no one was entitled to reproduce the same.

Besides, its application for registration of the trademark Rajvilas is pending before the registrar since December 1996.

The Oberoi Rajvilas, one of India's most vibrant and exotic destinations set up on 36 acres, revives the gracious lifestyles of India's legendary Rajput princes, the Oberoi group claimed.