DISH TV CANNOT CLAIM EXCLUSIVE RIGHT ON USE OF 'DISH' WORD, IT IS NOT ENTITLED FOR PROTECTION UNDER TRADE MARKS ACT: DELHI HIGH COURT

The Delhi High Court in the case Prasar Bharti v. Dish TV India Ltd observed and has ruled that Dish TV India Limited cannot claim exclusive right to use the word ‘Dish’ as it is generic in nature which refers to dish antenna and it will not be entitled to be protected as it is stated under Section 30(2) of the Trade Marks Act, 1999, on the standalone basis.

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The Division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan in the case observed that the word ‘Dish’ appearing in Dish TV’s trademark is a prominent or it being an essential feature of its trademark, but the same is not entitled to any kind of protection.

The court in the case observed that the mark ‘Dish TV’ has to be looked at as a whole.

The bench stated that the word ‘Dish’ is a common English word which cannot be described as a prominent or an essential feature of such nature that monopoly is permitted over its use.

The court in the case observed and has set aside a single judge’s order passed in July 2019 restraining Prasar Bharti from adopting the trademark ‘DD Free Dish’ or any other mark incorporating the mark ‘Dish’, the pending disposal of the trademark infringement suit filed by Dish TV.

The bench headed by single judge granted three months to Prasar Bharti to inform its customers of the new name as it allowed the interim injunction petition filed by Dish TV.