Accepting the cross border reputation of the word ‘Bloomberg’, the Delhi High Court restrianed defendants from infringing Bloomberg’s trademark and passing off their goods and services as that of Bloomberg.
Defendants incorporated around 20 companies using the name Bloomberg as part of the corporate names.
The Court said “The fact that within a short span of time the Defendants went on a spree of registration of companies using BLOOMBERG as part of the corporate name shows that they were trying to encash on the goodwill and reputation attached that mark.”
The Court further said “While the Defendants may hold registration for the mark BLOOMBERG in Class 43, that by itself will not preclude the Plaintiff, which holds an earlier registration in other classes from seeking to restrain the Defendants from infringing the Plaintiff’s marks.
“The marks being identical, there is every possibility that there will be confusion in the minds of the public into thinking that it is the Plaintiff and its group companies that have entered the realty industry and are offering residential and commercial built up spaces. It is not inconceivable that investors in the realty industry, and prospective buyers of residential and office spaces, which increasingly include non-resident Indians, may associate the activities of the Defendants with the Plaintiff. This group of prospective buyers can be said to be ‘average consumers who are reasonably well informed and reasonably observant and circumspect.’ The name Bloomberg to them should mean something different, in terms of quality of products and services and reputation….”, the Court added.