LONDON, December 9 /PRNewswire-FirstCall/ -- 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.'
Note to Editors:
Hotel Cipriani was built in 1958 by Lord Iveagh of the Guinness family in
collaboration with Giuseppe Cipriani senior, a restaurateur and owner of the
famous Harry's Bar in Venice. In 1967, Giuseppe Cipriani senior sold his
entire interest in the company which owned Hotel Cipriani (Hotel Cipriani
SRL) and agreed that company and the Hotel Villa Cipriani (also at that time
owned by the Guinness family) would have the exclusive right to use the name
'Cipriani'. An exception was made for the business which became Locanda
Cipriani on Torcello island.
In 1976, the company Hotel Cipriani SRL was purchased by one of the
companies of the Sea Containers Group, later becoming part of Orient-Express
Hotels. Hotel Cipriani had been in decline for many years prior to 1976 but
after that date, benefited from massive investment from its new owners. It
expanded hugely, creating two new restaurants, conference and banqueting
facilities and restoring the gardens.
Long before 1996, when Hotel Cipriani SRL filed for the trademark, Hotel
Cipriani was generally recognised as one of the world's leading hotels,
winning awards and welcoming celebrities, crowned heads of Europe and
political leaders among its many loyal guests. The hotel's restaurants have
always been a fundamental part of the hotel offering and contributed to its
reputation, winning their own accolades for food quality, service and
ambience.
The legal team acting on behalf of the Company consisted of Solicitors
Walker Morris, Ian Purvis and Benet Brandreth of Counsel and the Company's
in-house legal department.
SOURCE Orient Express Hotels Ltd