SUPREME COURT OF INDIA

Before:- S.C. Agrawal, M. Srinivasan and A.P. Mishra, JJ.

SLP to Appeal (C) No. 10847-10848/98 (From the Judgment and Order dated 19.6.1998 in OSAs 357 and 358 of 1997 of the High Court of Madras). D/d. 28.7.1998.

Westinn Hospitality Services Ltd. - Petitioner

Versus

Caesar Park Hotels & Resorts Inc. - Respondents

For the Petitioner :- Sh. P. Chidambaram, Sr. Advocate, Sh. A.A. Mohan & Sh. K.V. Mohan, Advocates

For the Respondent :- Sh. Alok Mahajan, Sh. O.P. Poplai, Sh. P.N. Gupta & Sh. J. Buther, Advocates

Trade Name Westinn - Undertaking by - Petitioner not to use the word Wstinn in isolation - It will be used only as a part of its corporate name - Held the petitioner is permitted to use the word "Westinn" as a part of corporate name - Advertisement to be issued with the declaration "No connection whatsoever with Westinn Hotels and Resorts" - Applications disposed of.

[Para 1]

ORDER

M. Srinivasan, J. - We have heard Shri P. Chidambaram, the learned senior counsel appearing for the petitioner and Shri Alok Mahajan, the learned Counsel appearing for the respondent. Shri Chidambaram submits that the petitioner undertakes not to use the word "Westinn" in isolation and that it will use it only as part of the corporate name of the petitioner in the letterheads and advertisements. In view of the said statement made by the learned counsel, the interim order passed by the High Court is modified and the petitioner is permitted to use the word "Westinn" as a part of its corporate name with the rider that in the letterheads of the petitioner company and the advertisement that is issued the following words shall be added "No connection whatsoever with Westinn Hotels and Resorts". The special leave petitions are disposed of accordingly.

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