Bigtree Entertainment Pvt Ltd vs D Sharma & Anr

2019(77)  PTC  411(DEL)

PARTIES

The  Plaintiff,   Bigtree   Entertainment owns  India’s largest  Online Ticketing portal “BookMyShow” Online since 2007, the business online ticketing for movies in cinemas like   PVR,  INOX, SPI  and Justickets; sporting extravaganzas like  IPL, ISL, IPTL and even music concerts like Sunburn, EVC all of who are official partners.

The   Defendants,    D.   Sharma owns a   customized portal called BOOKMYEVENT that facilitates online ticketing for live concerts, musical nights, movies, corporate seminars, plays, theatre, etc.

BRIEF FACTS

The Plaintiff started using the mark “BOOKMYSHOW”  in 2007 as a ticketing venture and had revenues of   Rs.  150  Crores per year. The defendant was using “BOOKMYEVENT”.

Plaintiff  filed   a  suit   against  the  Defendant   for  infringement   and passing off in respect of its trade mark “BOOKMYSHOW”.

The  present   matter   decided  Plaintiff’s   application  for  Temporary Injunction  and Defendant’s  application for Vacation  of Ex-parte order of Temporary Injunction.

ISSUE

Whether the mark ‘BOOKMY’  has attained an exclusive meaning and whether the plaintiff can claim exclusive rights on the same.

APPLICABLE LAWS

Section 17  in The Trade Marks Act, 1999

ARGUMENTS

The  Plaintiff pleaded to have acquired rights in the   trade   mark “BOOKMY” which the Plaintiff pleaded  had  become a prefix associated exclusively with the Plaintiff’s  brand and that the prefix  ‘BOOKMY’  is an essential part of the Plaintiff’s registered trade mark.

The Plaintiff pleadedthat    the    pre-fix    in   itself    has   acquired distinctiveness  over a  period of  time due  to open,  continuous  and extensive  use.  Plaintiff has  filed  various applications to consolidate its right in BOOKMYSHOW and BOOKMY trademarks which are pending.

The   Defendant    pleaded  that   BOOKMY    is  a   generic  term   used substantially in the industry and cannot be  a subject matter of  any trade mark.

DECISION

The Court refused to award injunction in favour of the plaintiff.

The Court ruled that the plaintiff’s mark “BOOKMYSHOW”  has not attained exclusivity and that the prefix ‘BOOKMY’ is a common English term and its link with booking for shows,  events,  films, etc. is obvious which makes it descriptive of the services in respect of which it is claimed for.

It noted that the visual effects namely, font and colour schemes of the rival marks are different and therefore,   it is unlikely that the customers would be confused by the said trade names or marks.

Author: Tarun Khurana (Partner and Patent Attorney), Abhishek Pandurangi (Partner and Patent Attorney) and Niharika Sanadhya, Litigation Associate at Khurana & Khurana, Advocates and IP Attorneys. In case of any queries please contact/write back to us at niharika@khuranaandkhurana.com.

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