Introduction:

In a recent ruling, the Delhi High Court tackles a trademark dispute involving the term “Dish” between Dish TV India Limited and Prasar Bharti. The division bench, comprising Justice Vibhu Bakhru and Justice Amit Mahajan, sets aside a previous order restraining Prasar Bharti from using the trademark “DD Free Dish.” The court delves into the generic nature of the term “Dish” and its eligibility for protection under the Trade Marks Act, 1999, providing insights into the complexity of trademark disputes.

Arguments:

Dish TV asserts exclusive rights to the term “Dish,” claiming protection under Section 30(2) of the Trade Marks Act. The company argues that the term is a prominent feature of its trademark and should be safeguarded against use by Prasar Bharti. On the other hand, Prasar Bharti contends that the term “Dish” is a common English word, not entitled to standalone protection. The bench scrutinizes the marks “Dish TV” and “DD Free Dish,” emphasizing the presence of additional words in each mark. Dish TV fails to demonstrate consumer confusion due to Prasar Bharti’s use of the term “Dish.”

Judgement:

The Delhi High Court rules that “Dish” is a generic term related to dish antennas and is not entitled to standalone protection under Section 30(2) of the Trade Marks Act. The court sets aside the previous order, highlighting that the trademarks in question consist of multiple words and that the term “Dish” alone may not be eligible for registration. It notes the lack of consumer confusion and emphasizes that the word “Dish” is suggestive of DTH services, requiring a dish antenna. The court recognizes the distinctiveness of “DISH TV” but clarifies that it does not grant exclusive rights to the term “Dish.”