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Delhi HC refuses BookMyShow an injunction against BookMyEvent

Updated On: February 6, 2020 3:16 pm

Book my show and Book my event Trademark case

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Delhi HC refuses BookMyShow an injunction against BookMyEvent

Delhi High Court has refused to grant a temporary injunction Stating that ‘BOOKMY’ is a common English term, the in favour of online booking platform ‘BOOKMYSHOW’ against its competitor, ‘BOOKMYEVENT’.

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The order was passed by a single Judge Bench of Justice Jayant Nath in a plea by ‘BOOKMYSHOW’ owner, Bigtree Entertainment Private Ltd (plaintiff).

In December 2014, the Court had passed an ex parte interim injunction restraining the Defendants from using the mark ‘BOOKMYEVENT’ or using the prefix ‘BOOKMY’ as trade mark/trade name or part of its corporate name, domain name or trading name in respect of online ticketing services or any other similar services. In January, 2015, the above injunction order was kept in abeyance.

Agreeing with the Defendants, the Court noted that “BOOK MY” is a common English term.

“Its link with booking for shows, events, films etc is but obvious. It is a common general term descriptive of the services which are sought to be provided, namely, booking of a show, event, movie etc.”, the Court said.

The Delhi High Court thus concluded that the Plaintiff had failed to make out a prima facie case to get an injunction order in its favour.

“Plaintiff has failed to make out a prima facie case. I do not see any reason to grant any injunction order in favour of the plaintiff. I dismiss the applications of the plaintiff i.e. IA No. 25542/2014 and 12014/2016.”, it ordered.

Source: Barandbench

Legal Update (National) TradeMark