21 February 2019

Trademark - No exclusive meaning to term ‘BOOKMY’

The Delhi High Court has held that word ‘BOOKMY’ has not attained exclusive meaning with respect to the plaintiff’s ‘BookmyShow’, and that the term BOOK MY is descriptive and part of the common English parlance.

It also observed that the link with booking for shows, events, films, etc., is but obvious, and that it is a common general term descriptive of the services which are sought to be provided.

Grant of injunction restraining use of mark ‘Bookmyevent’ or ‘Bookmy’ which plaintiff claimed as similar to its online ticketing entity ‘BookmyShow’, was hence refused.

The court in the case of Bigtree Entertainment Pvt. Ltd. v. D Sharma was of the view that prima facie the visual effects were not same in the buyers’ minds, and that the colour scheme and font of both the trademarks were different. It was held that people are unlikely to be misguided or confused by the said trade names and looks of the defendant’s trade mark.

Further, plaintiff’s contention that the defendants have relinquished the use of the impugned trademark, was rejected because the application for registration of a trademark was amended, as it may not amount to relinquishment of any right to use the trademark.

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