Bigtree Entertainment Pvt. Ltd. v. D. Sharma and Ors.
2019(77) PTC 411(Del)
Plaintiff started using the mark “BOOKMYSHOW” in 2007 as a ticketing venture and had revenues of Rs. 150 Crores per year. 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.
- Plaintiff has acquired rights in the trade mark “BOOKMY” which has become a prefix associated exclusively with the Plaintiff. The prefix ‘BOOKMY’ is an essential part of the Plaintiff’s registered trade mark.
- Same 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.
- Plaintiff has secured trade mark registration for the BOOKMYSHOW trade mark in Class 41 and 42.
- Plaintiff and Defendants have been ticketing and promotional partners for several events/concerts, etc. The brand name and logo of the Defendants and the Plaintiff have appeared on various promotional contents, newspapers, pamphlets, sale tickets, etc. side by side. The first concert in this regard was held in 2011.Plaintiff was the online ticketing partner and the Defendants were the online promotional partners.
- In 2013, Formula-1 Event was organized by M/s. Jaypee Sports International Limited where similar situation prevailed.
- Similarly an event titled as “Sufiana Rang” featuring Sabri Brothers was held in 2014.
- BOOKMY is a generic term used substantially in the industry and cannot be a subject matter of any trade mark.
As per the Hon’ble Court, it had to decide the following question: Whether the mark “BOOKMY” has attained an exclusive meaning and the plaintiff can claim exclusive rights on the same?
‘BOOK MY’ is a common English term. Its link with booking for shows, events, films etc. It is a common general term descriptive of the services which are sought to be provided, namely, booking of a show, event, movie etc. That apart a closer look at the mark shows that prima facie the visual effect of both Trade Marks is not the same.
Prefix BOOKMY is not an invented word. In fact, it is an apt description of a business that is involved, namely, booking of tickets for shows, events, films, etc. The fact as to whether this prefix BOOKMY has been accorded a secondary meaning and distinctiveness can only be established after the parties have led their evidence.
Accordingly, Plaintiff’s application for Temporary Injunction was dismissed and Defendants’ application for vacation of ex-parte order was allowed.