2019(77)PTC411(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.
BREIF 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 the 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 pleaded that the pre-fix in itself has acquired distinctiveness over a period of time due to open, continuous and extensive use. The 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 trademark.
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.
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