He notes that awarding proprietary rights for common expressions to any individual or company has dangerous consequences and such disputes cannot be the mandate of intellectual property protection laws. He notes that this would amount to “a form of censorship and the gagging of speech and expression.”
The judgment also notes that the trademark registration produced by the Plaintiff is of the domain name laibhaari.com, and not of the colloquial Marathi expression ‘Lai Bhaari’, and that both are completely different things. Plus, the registration is applicable only to the narrow range of services under Class 38of the Trade Marks Act. In fact, when Techlegal Solutions tried to trademark the expression ‘Lai Bhaari’ the Registry apparently opposed it and the application is still pending.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 1503 OF 2014
IN
SUIT (L) NO. 629 OF 2014
Techlegal Solutions Pvt. Ltd.
V
Mrs. Genelia Ritiesh Deshmukh
CORAM: G.S. PATEL, J
DATED: 3rd July 2014
