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Showing contexts for: Arbitrary marks in Meso Private Limited vs Liberty Shoed Ltd. And Anr on 8 August, 2019Matching Fragments
23. First, we deal with the case of MESO in appeal that the learned Single Judge overlooked the fact Legend and Flirt are dictionary and common words, but they have no nexus with the perfumes. The trademarks Legend and Flirt are arbitrary in the sense they have no connection whatsoever with perfumes. It is contended that such arbitrary marks deserve the highest protection. We are not convinced that these words have no connection with perfumes. The dictionary meaning of 'Legend' is: a very famous person, especially in a particular field, who is admired by other people. 'Flirt' is a connotation of attraction between sexes. Human interactions are also founded on the olfactory senses. Perfumes are supposed to enhance the interaction. The perfumes are a product of complex chemistry. Popular literature is replete with the belief that perfumes contain pheromones which may enhance the attractiveness. These names suggest that the wearer of the perfumes will be perceived in a particular manner or will have certain desirable qualities. Thus, at this stage, MESO's contention that Legend and Flirt are arbitrary marks with no connection whatsoever with perfumes is difficult to accept as an absolute proposition.