NOTICE IS HEREBY GIVEN that the trade name ―THE CREEK‖, together with its distinctive logo, brand mark, tagline, stylized text, trade dress, and all associated visual and textual identifiers (hereinafter collectively the ―Trademark‖), is the sole and exclusive property of The Creek Boutique Resort, Santiniketan, West Bengal (hereinafter the ―Proprietor‖).
The said Trademark is duly registered under the Trade Marks Act, 1999, with the Trade Marks Registry, Government of India, under Class 43 vide Registration No. 5219657, dated 23 November 2021. The Proprietor enjoys absolute and indefeasible rights therein in respect of hospitality, accommodation, leisure, restaurant, wellness, allied services and related activities.
Any unauthorized use, reproduction, imitation, alteration, or exploitation of the Trademark, whether in whole or in part, in any manner or form — commercial, promotional or noncommercial — without the prior written consent of the Proprietor shall constitute infringement, dilution, and/or passing off, and will invite civil and criminal remedies as provided under law.
The Proprietor is and shall remain the absolute owner of the Trademark in all its forms and variations, including but not limited to the word mark, device/logo, slogans, taglines, stylized text, trade dress, domain variations, and all graphical or artistic representations. No right, license or interest is conferred upon any third party by implication, estoppel, acquiescence or otherwise unless expressly granted in writing by an authorized representative of the Proprietor.
The protection conferred by the Trademark extends to, inter alia:
⬥ Business names, trade names, company/LLP registrations, incorporation names and other corporate identifiers.
⬥ Domain names, sub-domains, websites, mobile applications, app stores, and digital platforms.
⬥ Social media handles and pages, influencer promotions and paid advertising.
⬥ Printed materials, brochures, menus, stationery, signage, banners, POS, event sponsorships and merchandising.
⬥ Packaging, labelling and product/service presentation.
⬥ Hidden or indirect digital uses including meta-tags, alt-text, SEO keywords, deep links, and keyword advertising.
⬥ Emerging technologies and platforms including NFTs, blockchain tokens, metaverse presence, virtual goods and other digital assets.
⬥ Any other uses likely to create an association with the Proprietor’s goods or services.
It is strictly prohibited for any person, firm or entity to:
⬥ Use, display, reproduce, or register any mark or name that is identical or deceptively similar to the Trademark.
⬥ Register or adopt incorporation / trade / LLP names, social handles, domains or trademarks containing ―The Creek‖ or deceptively similar variants.
⬥ Use the Trademark in comparative advertisements, promotional material, parody, memes, or commentary that disparages, tarnishes or dilutes the Trademark or the Proprietor’s goodwill.
⬥ Use the Trademark in any manner likely to mislead, confuse or deceive the public into believing there exists an association, endorsement or sponsorship by the Proprietor.
⬥ Reproduce, duplicate, distribute, or digitally exploit the Trademark without authorization.
⬥ Use the Trademark in a manner prejudicial to the reputation, distinctiveness or goodwill of the Proprietor.
⬥ Engage in any conduct resulting in dilution, blurring, or tarnishment of the distinctiveness of the Trademark, irrespective of whether the infringing user obtains commercial gain.
The Proprietor reserves the right to pursue all civil, criminal and administrative remedies available under law, including but not limited to:
⬥ Injunctive relief (interim and final).
⬥ Claims for monetary relief including damages, account of profits, costs and full indemnity for losses, liabilities and expenses arising from unauthorized use.
⬥ Criminal prosecution under relevant provisions of the Trade Marks Act, 1999 (including Sections 29, 102–105 and other applicable provisions).
⬥ Proceedings under the Copyright Act, 1957 for unauthorised use of artistic works and logos.
⬥ Domain name dispute proceedings under the INDRP / UDRP.
⬥ Customs enforcement under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
⬥ Cease-and-desist notices, takedown requests and complaints to intermediaries under the Information Technology Act, 2000 and the applicable Intermediary Guidelines.
⬥ Publication of warning notices in newspapers, trade journals, on websites or other media to inform the public and trade of the Proprietor’s rights.
⬥ Any other equitable or statutory relief available before courts, tribunals or administrative bodies within India and abroad.
Any person or entity who uses the Trademark or any deceptively similar mark without authorization shall be liable to indemnify the Proprietor for all losses, damages, costs, expenses (including attorneys’ fees), liabilities and claims arising out of such unauthorized use.
This notice does not grant or imply any license, consent or right to third parties. All statutory and common law rights of the Proprietor are expressly reserved. This notice serves as a public intimation of the Proprietor’s exclusive rights and all third parties are hereby cautioned against unauthorized use.
The Proprietor may provide complimentary facilities such as Wi-Fi internet access for the convenience of its guests. Such facilities are provided strictly on an “as is” and “as available” basis without any guarantee of uninterrupted connectivity, bandwidth, or faultfree performance. Guests acknowledge and agree that in the event of any disruption, limitation, or malfunction of Wi-Fi or related services, they shall not be entitled to any refund, compensation, damages, or monetary claim of any nature whatsoever against the Proprietor.
For health, safety, and hygiene reasons, pets are not permitted within the premises of The Creek Boutique Resort. Guests are requested to kindly make appropriate arrangements prior to their stay.
The Proprietor actively monitors use of the Trademark across physical markets, online marketplaces, social media, search engines, app stores, domain registrations and international trade and customs databases. Detected infringements will prompt immediate action including cease-and-desist notices, takedowns, injunction applications, civil claims and criminal complaints where applicable.
Any use that creates a likelihood of confusion among the public, causes association or blurring of the Trademark’s distinctiveness, or tarnishes the Trademark or Proprietor’s reputation shall be actionable even where no direct commercial advantage is obtained by the infringer.
The Proprietor reserves the right to assign, license or otherwise transfer the Trademark in whole or in part in accordance with applicable law. Any purported assignment or license by a third party without the Proprietor’s written consent shall be void and of no legal effect. This notice shall remain binding on third parties notwithstanding any such assignment, license or transfer.
The Proprietor expressly reserves the right to publish the contents of this notice or issue supplementary warning notices in newspapers, trade journals, business directories, online portals or any other media to ensure adequate public and trade notice of the Proprietor’s exclusive rights.
The Proprietor reserves its rights under international treaties and conventions (including, without limitation, the Paris Convention and the TRIPS Agreement) and may pursue enforcement through foreign courts, administrative procedures, arbitration panels or domain dispute systems to prevent infringing activity outside India.
This notice and any dispute, controversy or claim arising under or in connection with this notice shall be governed by and construed in accordance with the laws of India. The courts at Bolpur, West Bengal, India shall have exclusive jurisdiction to adjudicate any dispute arising hereunder, to the exclusion of all other courts and forums.
This notice shall remain valid, operative and enforceable in perpetuity unless expressly withdrawn, superseded or modified in writing by the Proprietor. Any delay, omission or partial exercise of rights by the Proprietor shall not constitute a waiver or estoppel and the Proprietor shall retain the right to enforce any and all remedies at any time.
All licensing, permission or authorization requests, and any formal communications relating
to the Trademark should be addressed in writing to:
The Proprietor
The Creek Boutique Resort
Santiniketan, West Bengal – 731235, India
Email: MD@thecreekresorts.com | gm.santiniketan@thecreekresorts.com
(Postal correspondence to the above address only.)