Team size: 17

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?

The legal team had come across unscrupulous infringers carrying on the business of selling holiday packages under iconic trademarks of the company, such as “Taj” and “Vivanta.” Previously, it was a standard practice to send legal notices to any infringer, calling upon them to desist from such actions. However, since we came across multiple infractions in the recent past, we devised an innovative strategy to adopt an approach that was hitherto unheard of in the hospitality industry. 

We initiated IPR enforcement actions by securing orders from the court, enjoining the infringing use, and conducting raids on the infringers under the supervision of a Court Commissioner with the support of the police. During such raids, infringing materials, including signboards, banners, computer hard disks, and stationery, were seized, crippling the infringing operations. We also got infringing websites deactivated. We forced these organisations to change their names by removing our brand from their organisational names. These definitive actions not only shut down existing infringing operations but also sent out a clear message to potential infringers that we, as a legal team, are willing to do whatever is necessary to prevent brand infringement, protect our IP rights, and preserve our brand’s purity. The cherry on top of the cake was that we also secured the status of a ‘well-known trademark’ for the Vivanta brand of the organisation.

What are the most significant cases and transactions that your legal team has recently been involved in?

One of the strongest pillars of IHCL’s Ahvaan 2025 strategy is “Growth.” In furtherance of this organisational strategy, the legal department negotiated and closed 36 new hotel management contracts in FY 2022-23, averaging three signings every month. Consequently, we achieved a record number of agreements within the hospitality industry, a feat that has not been achieved by any other player in the industry. Furthermore, during FY 2023-24, we have already negotiated and closed 18 new hotel management contract signings, and we are on track to surpass last year’s record as we make strong progress toward achieving the organisational strategy of establishing a chain of 300+ hotels across the country by 2025. 

In addition to these accomplishments, we successfully negotiated and renewed contracts for iconic properties within the group, including, but not limited to, Taj Usha Kiran Palace, Taj Malabar Resort & Spa, Taj City Centre – Gurugram in India, as well as Taj Bentota – Resort & Spa and Vivanta – Colombo in Sri Lanka. This ensures that these crown jewels will remain within the group for a long period of time.
As mentioned earlier, to maintain brand purity and prevent IPR infringements, we undertook multiple enforcement actions and, in the process, secured well-known trademark status for our brand “Vivanta.”

We played a crucial role in setting up new lines of business, for example, Amã Stays & Trails. This line of business was launched before COVID but gained immense traction during that period and supported regular streams of revenue. As of today, we have achieved 128 Amã signings. We standardised simple contract formats for prompt closure of deals, devised formats for due diligence, and put in place a compliance framework to ensure complete legal risk assessment and mitigation.

Furthermore, we established Qmin outlets. We launched this F&B concept as a new line of business during COVID, which sustained and now features as a vertical chain of revenue for the organisation. We also took over 12 Tata Cha outlets and Qminised them. Furthermore, last year, we Qminised a number of restaurants at our Ginger hotels, thereby considerably increasing the footprint of Qmin across the length and breadth of the country, reinforcing the new line of business.

If you had to give advice to an aspiring in-house lawyer or general counsel, what would it be and why?  

Growth is an integral part of any business, and an in-house legal team plays a critical role in facilitating it. While legal knowledge is important, it is equally crucial to have a good understanding of the organisation’s business. Every business has certain risks, and an in-house counsel should have a risk-taking appetite. Being solution-oriented is critical, and one should be capable of providing the business with solutions. 

An in-house legal counsel can endeavour to achieve balance by commissioning the requisite checks, including appropriate due diligence mechanisms, and ensuring that we are always operating within the boundaries of the law. Once the mechanisms are set up, risks can be identified, analysed, and risk mitigation measures can be adopted. Thereafter, suitable decisions, integrating a commercial and legal mindset, can be achieved in line with the business objectives without compromising on legalities.