In law of trademarks, words that are distinctive enough to
distinguish goods or services of one person from those of others,
qualify to be protected against infringement and/or passing off.
Descriptive words/marks which lack inherent distinctiveness are
refused registration under the Indian Trade Marks Act, 1999
(hereinafter, "the Act"). Interestingly, trademark
squatting vis-à-vis translation of descriptive words is a
niche area in trademark disputes. This article attempts to discuss
this subject area in the light of an order passed by the
Hon'ble High Court of Delhi in the case of Sunil Mittal
& Anr. v. Darzi On Call.
The plaintiffs in this case, Sunil Mittal and Darzi India LLP,
are the registered proprietors of the label mark "The
Darzi THE SUIT PEOPLE SINCE 1981" and copyright in
the artistic work of mark/ label "THE
DARZI", with respect to services of tailoring,
selling and marketing of all kinds of clothing and garments in
Class 24. The defendant company,
