Plaintiff adopted the device mark ‘Bhaiyaji Kahin’ with effect from 2016 under Classes 38 and 41. It came to Plaintiff’s knowledge in 2022, Defendant was launching a show titled ‘Bhaiya Ji Superhit’.

What would be included in Class 38 would be names of TV channels; names of programmes telecast on these channels would be subject matter of Class 41. Therefore, for purposes of determining infringement, relevant would be Class 41. The registration under Class 41 has a disclaimer.  In view of same, Plaintiff cannot restrict Defendant from using ‘Bhaiyaji’. This is also made clear by Section 28(2) of The Trade Marks Act, 1999. In my prima facie view, ‘Bhaiyaji’ is a generic term of widespread use and nobody can claim exclusive right to use such generic words. 

– Hon’ble Justice Amit Bansal of Hon’ble High Court of Delhi, TV 18 Broadcast Limited v. Bennett, Coleman and Company Limited, [CS(COMM) 279 of 2022] decided on 04.07.2023.