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Common or General name descriptive terms of the products are not eligible for grant of injunctions - Micronix India vs Mr. J.R. Kapoor 2003 (26) PTC 593 Del

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Common or General name descriptive terms of the products are not eligible for grant of injunctions -

The Supreme Court observed that micro-chip technology being the basis of many of the electronic products, the word "micro" has much relevance in describing the products and therefore no one can claim monopoly over the use of the said word. Anyone producing any product with the use of micro-chip technology would be justified in using the said word as a prefix to his trade name and thus who are familiar with the use of electronic goods know fully well and are not likely to be misguided or confused merely by the prefix `micro' in the trade name. Thus, in the nutshell, the Supreme Court has held that once it is found that the word `micro' is a common or general name descriptive of the products which are sold or of the technology by which the products are manufactured, the users of such products are not likely to be misguided or confused by the said word.


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