A landmark ruling that turned a postal address into a protected brand — and reshaped how India understands intellectual property.
An interesting turn in the history of Intellectual Property Rights in India was witnessed when the IP law firm headed by Biswajit Sarkar won the landmark case of "6 Ballygunge Place" in favour of the owners of the restaurant, the Savourites. "6 Ballygunge Place" is the service mark adopted by the Savourites (now Hospitality Pvt. Ltd) for the business of restaurant. However, the name "6 Ballygunge Place" was initially denied registration by the Trade Marks Registry, India.
The law firm led by Biswajit Sarkar not only argued for the restaurateurs' right over their original idea, but also re-established the need to nuance our understanding of intellectual property rights — pressing the Registry to look past the literal reading of an address and recognise the distinctiveness the name had earned in the marketplace.
"The transformation of a postal address into a protected brand name is one of a kind — it speaks for the evolution and sophistication of IP norms in India."
This judgment is unprecedented in India and elsewhere. It speaks for the distance Intellectual Property Law has traversed, with restaurateurs now able to enjoy exclusive rights over a brand name born from something as ordinary as a street address. Biswajit Sarkar & Co., Patent Attorneys, led the way as a catalyst in establishing this precedent — one that continues to inform how distinctiveness and acquired reputation are argued in trademark disputes across the country.