The Delhi High Court has resolved a long-standing trademark dispute concerning The Imperial, one of New Delhi’s most iconic hotels. The legal battle, which began in 2008, involved brothers Hardev Singh Akoi and Jasdev Singh Akoi, co-owners of the luxury property, over the integrity, ownership, and use of the “Imperial” trademark and its associated lion logo. The resolution follows an amicable settlement reached between the parties and their family members, formally decreed by Justice Mini Pushkarna on December 16, 2024.

The case—Hardev Singh Akoi vs Jasdev Singh Akoi & Ors—was filed by Hardev Singh Akoi to restrain his brother from making unilateral changes to the hotel’s established trademarks. Specifically, Hardev Singh objected to the introduction of an elephant logo, which he claimed deviated from the traditional lion logo and risked diluting the hard-earned goodwill associated with The Imperial. He further argued that the trademark had become a symbol of prestige and recognition through the shared efforts of the family and could not be altered or licensed without mutual consent.

In his initial pleadings, Hardev Singh sought to restore the integrity of the Imperial trademark and prevent any unauthorized or unilateral use. He accused Jasdev Singh of affiliating the mark with entities not authorized by the family, thereby undermining the brand's goodwill. Jasdev Singh, however, contended that the Imperial brand had naturally evolved and that its variations—including the elephant logo—were reflective of the hotel’s services over time.

The matter reached a critical juncture in August 2008, when Justice Ravindra Bhat (now retired) issued an interim injunction restraining Jasdev Singh from altering the trademark. The Court held: “The first defendant (Jasdev Singh) is restrained from altering the trademark of Hotel Imperial by introducing the elephant mark. In view of the fact that the elephant logo had been introduced, the first defendant is enjoined to desist from using it, and shall ensure that the marks existing previously shall be restored within six months.” The order also barred the defendants from claiming sole ownership of the Imperial trademark, either as a composite mark (with the lion logo) or individually.

Subsequently, the case was renumbered under the commercial division of the Delhi High Court and referred to mediation. Years of negotiation culminated in a comprehensive family settlement aimed at preserving goodwill, restoring peace, and ensuring the hotel’s legacy remains untarnished. Justice Pushkarna, while passing the order on December 16, 2024, recorded the terms of settlement as lawful and binding.

The settlement acknowledges the ownership structure of the Imperial trademark as follows:

• Hardev Singh Akoi retains 50% ownership.
• The remaining 50% ownership is divided equally between Jasdev Singh Akoi’s children: Raidev Singh Akoi (25%) and Gobind Singh Akoi (25%).

The Court clarified that no party shall independently claim rights, apply for registrations, or use any deceptively similar marks in the future. Justice Pushkarna’s order further stated: “The families of Mr. Hardev Singh Akoi and late Mr. Jasdev Singh Akoi acknowledge that as of today, Mr. Hardev Singh Akoi [50%], Mr. Raidev Singh Akoi [25%], and Mr. Gobind Singh Akoi [25%] are the joint and exclusive owners of the trademark: Imperial.”

The Court also confirmed the finality of the matter, noting: “Except for the present suit, no other inter-se proceedings or complaint of any nature whatsoever has been filed/pending with any Court, Tribunal, or Authority in relation to the trademark: Imperial.” As part of the formal decree, the original settlement agreement, signed by all parties, has been placed on record.

The order also impleaded additional family members—Adil Singh Akoi, Fateh Singh Akoi, Ahilya Kaur Akoi, and Udaya Kaur—as plaintiffs to reflect the broader consensus and reinforce the settlement’s binding nature across generations.

The resolution of this long-standing dispute holds significant implications. The Imperial, conceptualized in 1934 and officially opened in 1936 by Lord Willingdon, the then Viceroy of India, has played a storied role in India’s history. As a venue for crucial discussions during India’s independence movement, the hotel hosted leaders such as Mahatma Gandhi, Jawaharlal Nehru, and Muhammad Ali Jinnah. Over the decades, it has remained a landmark of luxury and cultural heritage, frequented by dignitaries, celebrities, and global visitors.

The hotel’s lion logo and Imperial trademark have become synonymous with exclusivity, elegance, and legacy. Justice Pushkarna’s decree ensures the preservation of this reputation by affirming joint ownership and prohibiting unauthorized deviations or claims to exclusivity.

The legal teams representing the parties were led by Senior Advocates Ajoy Bhushan Kalia and Sanjay Upadhyay for petitioner Hardev Singh Akoi, and Advocates Preetipal Singh, Tanupreet Kaur, Yash Saini, and Akanksha Singh for the defendants.

Case Title: Hardev Singh Akoi v. Jasdev Singh Akoi & ORS.

Case No: CS (COMM) 411/2018 & I.A. No. 48333/2024

Bench: Justice Mini Pushkarna