iTerm too descriptive for internet insurance policies

By Keya Joshi, LexOrbis
0
1725
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

On 19 August 2019, the Bombay High Court in a noteworthy decision held that the mark iTerm used by the plaintiff, Aegon Life Insurance Company was not inherently distinctive in relation to the insurance policies it sold over the internet.

iTerm
Keya Joshi
Associate
LexOrbis

Aegon filed suit against Aviva Life Insurance Company India for passing off by the use of the term iTerm in relation to its online insurance policies. The plaintiff submitted that it had invented and adopted a unique, distinctive and innovative trademark, “iTerm” (and its variants subsequently) in 2009, and that the mark iTerm had acquired a secondary significance amongst the relevant section of the trade in online insurance policies.

The defendant contended that the expression iTerm was not distinctive to the plaintiff’s goods and services, as it was highly descriptive of the product and services that the plaintiff provides. The expression is derived from “i” for internet or insurance and “Term” for the nature of the insurance policy.

The court identified following three broad issues to determine the descriptiveness of the impugned mark:

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Keya Joshi is an associate at LexOrbis.

LexOrbis logo

LexOrbis
709/710 Tolstoy House
15-17 Tolstoy Marg
New Delhi – 110 001
India

Mumbai | Bengaluru
Contact details
Tel: +91 11 2371 6565
Fax: +91 11 2371 6556
Email: mail@lexorbis.com
Website: www.lexorbis.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link