further claims that the prefix
BOOKMY is not a invented phrase meriting legal protection, but a
descriptive one that is common to the particular business ... Therefore determining whether the
defendant's use of the prefix common to both trademarks, "BOOKMY",
amounts to infringement and/or passing
were
several marks carrying 'Gluco' or 'Vita' as prefix or suffix and, thus, it could not
be said that the appellant ... judged on the basis of it being a combination of the common
prefix or suffix 'Gluco' and 'Vita'. The law enunciated
prefix was one of the
most common prefix used and the plaintiffs could not claim a monopoly
over the said prefix.
Reasoning and Conclusion ... word 'my' as a prefix in a domain name is one of the most common pretext
used.
CS (COMM) 113/2016 Page
likelihood of confusion that could arise in the mind of the common buyer. It is the further case of the appellant that the overall label ... respondents in coining their trademark as JABEL SHAMS, wherein the prefix JABEL is a common word used in most of the business entities
descriptive and commonly adopted in
naming of beverages. It was held that 'Cola' was descriptive and
commonly used by the manufacturers ... Supreme Court has held that where two words have a common
suffix, uncommon prefix of the words is a natural mark
MIDLANDS as prefix to an
otherwise identical name amounted to no distinction at all aptly
applies to the present case where the common words, Hotel ... injunction when the defendant fraudulently adopted the prefix
identical fancy word in conjunction with descriptive or common words
East Court for identical business. The lower
referring to existence of about 41
trademarks having common suffix 'Roof' and 11 trademarks with common
suffix 'Lume', on the register, contended ... that only because some other proprietors are
using the common suffix or prefix to their trade mark, would not affect the
right of the plaintiff
case deals with a common name. In my opinion, the test of secondary distinctiveness can be no different for a common name than that which ... conclusion that a name as common as KRISHNA; which in the cultural context of our country is as common as the word John" used
Marks Act .
ii) "Micro" was a common name, which was also affixed as a prefix in the Assessee's name.
iii) Though
applied sciences." Without the prefix
fine, the word art alone is now commonly understood to
mean the fine or aesthetic arts. To produce
