Court's Ruling in Respect of Generic Words



The Delhi High Court has held that there is no prima facie infringement over the use of the word "TODAY". 

Living Media sought an injunction against Alpha Dealcom from launching a news channel named NATION TODAY, stating that the usage of word TODAY infringed the rights of Living Media. Living Media contended that they are the owner and publisher of magazines and news channels by the name "INDIA TODAY", "HEADLINES TODAY" etc. 

Alpha Dealcom argued that TODAY is a common English term and nobody can monopolize the said term.  

The Court, rejecting Living Media's plea, held that granting monopoly over a word like TODAY which is so closely connected with the news industry, would lead to unfair competitive advantage. The Court also held that monopolizing generic words would set a wrong precedent that would be against the very soul of the Trade Mark Law.

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