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Oyo Rooms was restrained from using the trademark 'Savoy Greens' as part of the listed hotels on its website. Oyo Rooms have been directed not to use any search engine services in any manner in respect of any goods or services or any advertising for promotional use related to Savoy Greens. In the instant case the Plaintiff had moved the Court accusing that Oyo misused the trademark and diverted customers searching and enquiring for the plaintiff's hotel to its listed hotels.
Oyo Rooms had entered into an agreement with KK Ropeways whereby it would rent the rooms of the latter's hotel, Savoy Greens, to the customers in exchange for a platform fee, service fee and assured benchmark revenue. Oyo contracted 16 rooms in the plaintiff's hotel at a platform fee of 2.5%. All the payments to the plaintiff would become due at the end of every month and should be settled by the 7th of the next month. However, an email dated July 23, 2018, Oyo promised that the payments would be made on a weekly basis. The Plaintiff terminated the agreement. However, even after the termination of the agreement, Oyo was using its trade name, Savoy Greens, on its website.
Oyo contended that it was ready to solve the matter through mediation and conciliation.Oyo also stated that it has removed the listing of the plaintiff from Google and other OTAs and has also taken all steps to remove 'Savoy Greens' as part of its listed hotels. The Court has also injuncted all related usage of Savoy Greens on Oyo's search engines on their websites as well as Google, Yahoo.
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