Towering differences over Burj Al Arab and Burj Noida

Towering differences over Burj Al Arab and Burj Noida Burj Al Arab is the famous luxury hotel in Dubai, UAE, created on its an exclusive island owned and operated by Jumeirah Beach Resort LLC (“Jumeirah ”). The construction of the hotel is such that it is shaped like a sail. BURJNOIDA, on the other hand, is an upcoming construction and development project in Noida, UP, India. Designarch Consultants Pvt. Ltd. (“Designarch”) is the registered proprietor of the trademarks “BURJNOIDA” and  in Class 37. Designarch also obtained copyright registrations over the drawings of its building plans for the tower to be constructed and named as BURJNOIDA. Jumeirah, has no trademark registration in Class 37, but has registered its mark “Burj Al Arab” in other classes such as 35, 36, 39, 41, 42. It has no other presence in India at all.

Image Source: Delhi High Court’s order: CS(COMM) 366/2020. We do not claim any copyright in the image used. It has been used for academic and representational purposes only

Designarch approached the Delhi High Court: DESIGNARCH CONSULTANTS PVT. LTD. v. JUMEIRAH BEACH RESORT LLC¹ when it received a notice from Jumeirah, stating that Designarch is infringing upon its trademark “BURJ AL ARAB” and device . Designarch sought an injunction against Jumeirah to restrain it from initiating any groundless legal action against it for trademark infringement and/ or passing off.

Designarch, inter alia, claimed that neither did Jumeirah have exclusive rights over a common word like “BURJ”, which literally means Tower, nor was its sail-shaped design of the building unique. It further stated that the logo in which Jumeirah claimed rights and the actual logo used for its luxury resort were different.

The Court observed that Designarch had established a prima facie case in its favour and granted an injunction against Jumeirah restraining it from extending any threat to Designarch in relation to its registered marks/ logos or the design of the building, until the next date of hearing (i.e. January 21, 2020). Jumeirah was also directed to give atleast 7 days’ advance notice before initiating any legal proceedings claiming infringement and/or for passing off Jumeirah’s marks by Designarch.