HC vacates ban on Micromax brand 'Bling'
Providing relief to Micromax Bling, the Delhi high court has vacated its previous order restraining Micromax from using 'Bling' as its mobile phone brand name. Sumit Saxena reports.delhi Updated: Dec 22, 2010 01:11 IST
Providing relief to Micromax Bling, the Delhi high court has vacated its previous order restraining Micromax from using 'Bling' as its mobile phone brand name.
The order was issued in response to a trademark violation suit filed by Delhi-based Bling Telecom. Justice S Ravinder Bhat turned down Bling Telecom's plea, which accused Micromax of breaching their intellectual property rights by using their brand name to sell its product.
Bhat said: "This court is of the opinion that bling is a dictionary word, apparently having wide usage among young adults. It connotes flashiness, ostentation, and a desire to show wealth; it is also associated with glittering or flashy jewellery."
Sunil Dalal Micromax counsel said: "The evidence on the record do not show that bling, used as a trade dress or corporate name, was prominently used by Bling Telecom in respect of the product."
The court has observed that the function of every trademark is that it is a "badge of origin", pointing to constancy and assurance of quality of a particular trader or manufacturer.
"This applies with greater force where the mark is based on a common word with some attributive characteristics like use of Swarowski crystals in the mobile phone," Dalal said.
The court noted that Micromax has used Bling mobile phone during the promotion of several international events like French Open, FIFA world cup, IIFA awards and cricket tournaments.
Bling Telecom had approached the high court, seeking directions to restrain Micromax from using the word bling as a trademark or corporate name or use of any mark similar to it, including in its domain name, for any purpose. The company's counsel told the court that they had applied for trademark registration in July 7, 2009.