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ARTICLE · 05 SEPTEMBER 2019

Second Time Also Not Myshow!!

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Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development.

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Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development. One such paradigm shift and development in the branch of Trade Mark law relates to the Indian judiciary system becoming more stringent in granting protection to trademarks consisting of descriptive terms. Earlier this year, the Delhi High Court in the case of Bigtree Entertainment Pvt Ltd v. D Sharma & Anr. reiterated the principles laid down in various judgements to ascertain the scope of registrability of descriptive marks. The court in this case dealt with the issue relating to whether the prefix "BOOKMY" is a descriptive phrase or an invented term and whether the plaintiff has acquired inherent distinctiveness with the continuous and long use of its registered mark “BOOKMYSHOW” and “BOOKMY”?

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