BIGTREE ENTERTAINMENT PVT LTD VS D. SHARMA AND ANOTHERS - Synopsis
RISHABH SACHDEVA 6 Jan 2020

BIGTREE ENTERTAINMENT PVT LTD VS D SHARMA & ANR 2019(77) PTC 411(DEL)

In 2007, the Plantiff started using the "BOOKMYSHOW" label as a ticketing company and had annual revenue of Rs. 150 Crores. It appears to be a Mumbai based company with the trade name and design “Bookmyshow.com”.  The Defendant used "BOOKMYEVENT." The Plaintiff filed a lawsuit against the defendant in favor of his trade mark "BOOKMYSHOW".

Plantiff Contentions:-

1. The Plaintiff has acquired rights under the trade mark "BOOKMY," which has become a prefix exclusively associated with the Plaintiff. The ' BOOKMY ' prefix is an essential part of the registered trade mark of the Plaintiff.

      2. Due to open, continuous and extensive use, the same has acquired distinctive character over a period of time. The plaintiff has filed various applications to merge his interest in the pending trademarks of BOOKMYSHOW and BOOKMY.

3. Plaintiff obtained trade mark approval in Class 41 and Class 42 for the BOOKMYSHOW trade mark

The Defendant appears to be a New Delhi-based company with the trade name and design "Book my Event.in

Defendants Contentions

1. For several events / concerts, etc., the Plaintiff and the Defendants were ticketing and advertising partners. The Defendants and the Plaintiff's brand name and logo appeared side by side on various advertising materials, magazines, brochures, tickets in sale, etc.

2.The first concert in this regard took place in 2011. The online ticketing agent was the Plaintiff and the Defendants were the online advertising partners.

3. M/s Jaypee Sports International Limited organized the Formula-1 Event in 2013 which prevailed  similar circumstances.

4. Likewise, in 2014 there was an event called "Sufiana Rang" featuring Sabri Brothers.

5. BOOKMY is a generic term that is commonly used in the industry and can not be the subject of any trade mark.

According to the Hon'ble Court, the following question had to be decided: Whether the mark "BOOKMY" had an exclusive meaning and the plaintiff could claim exclusive rights on the same?

COURT OBSERVATION 

BOOK MY' is an English term popular to all. Its link to the booking of shows, conferences, movies etc. It is a common general term that describes the services to be given, namely, booking a show, function, film, etc. A closer look at the label reveals that the visual effect of both Trade Marks is not the same prima facie.

The court agree with the judgment of Hon'ble High Court in Bigtree Entertainment Pvt. Ltd. vs. Brain Seeds Sportainment Pvt. Ltd.  that 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.  In fact, it is an appropriate description of a business involved in booking tickets for shows, events, movies, etc. The fact that this BOOKMY prefix has been given a secondary meaning and distinctive character can be identified only after the parties have led their proof.

The court dismisses the application of Plaintiff

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