There is no straightforward process to determine whether a phrase is invented or descriptive, the Delhi High Court observed while dismissing a plea filed by online ticketing platform BookMyShow which sought a permanent injunction against another online portal BookMySports from using the terminology/phrase 'bookmy' on December 13. Big Tree Entertainment, the company that owns BookMyShow.com filed an appeal against BookMySport suggesting that the prefix 'bookmy' was distinctively associated with their website, and added that the defendant BookMySport was attempting to exploit the goodwill and reputation. Referring to a Supreme Court judgment, Justice Mukta Gupta observed that phrases or words that are descriptive of an industry cannot be distinctive to a particular brand. Justice Gupta added a brand name cannot claim exclusivity or monopoly over a term which is descriptive of an activity in an industry. SC OBSERVATION

Source: dna December 18, 2017 22:30 UTC