Hotel Cipriani, the world famous hotel in Venice which is part of Orient-Express Hotels Ltd (NYSE:OEH) (http://www.orient-express.com), has been successful in an action before His Honour Mr Justice Arnold in the High
Court in London for trade mark infringement and passing off in respect of the mark 'Cipriani' for restaurant services, against the operators of the restaurant Cipriani London.
Hotel Cipriani is the proprietor of Community Trade Mark 115824, filed in April 1996, for the mark 'Cipriani' used, among other things, in connection with hotels and restaurants. In a lengthy and comprehensive judgment, the Court found that Cipriani (Grosvenor Street) Ltd, Cipriani International SA of Luxembourg, companies controlled by the Cipriani family including Arrigo and Giuseppe Cipriani, and Giuseppe Cipriani personally, were all liable for
breach of Hotel Cipriani's Community Trade Mark under Community and English Law and were also liable for passing off. The judge further found that the Defendants' use of the name 'Cipriani' "was not in accordance with honest
practices in industrial and commercial matters" and that the Hotel's UK and Community Trade Marks were valid.
As a result of the judgment, Hotel Cipriani is entitled to an injunction preventing the Defendants from carrying on a restaurant business in the UK using the names 'Cipriani' and 'Cipriani London'. In addition to stopping the use of such names, Hotel Cipriani will now seek damages and costs from the Defendants.
Commenting on the judgement, Paul White, President and Chief Executive Officer of Orient-Express Hotels, said, "We are obviously very pleased that this action has been successful. This company has worked long and hard over many years to build a worldwide reputation for Hotel Cipriani, substantiated by the many awards and accolades the hotel and its restaurants win each year. We are entitled to protect this famous name in Europe and it was important to us to do so. 'Cipriani' is one of the many valuable brands owned by the Company and it is our intention to maintain such value by taking the appropriate action in any part of the world when others seek to encroach upon them."
