India

By Kavita Srivastav Sharan, Senior Associate, S. K. Srivastav & Co. Law Firm

In a recent Judgment High Court, Bombay declared International Society For Krishna Consciousness (ISKCON) as well known Trademark in India. In the year 1966 Late Acharya, His Divine Grace A. C. Bhaktivedanta Swami Parabhupada started the Krishna Consciousness Movement in New York, USA in the name and style of “INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS” (commonly known by the acronym ISKCON).

ISKCON

ISKCON filed a suit before the Hon’ble High Court, Bombay (Commercial IP Suit (L) No. 235 of 2020) seeking permanent injunction against ISKCON Apparel Private Limited for infringing its trademark ISKCON and sought a declaration that the trade mark ISKCON is a well-known trademark in India.

ISKCON submitted that that the acronym ISKCON was derived and/or adopted from its own name, i.e., I from International, S from Society, K from Krishna and CON from Consciousness. It submitted that there are more than 600 ISKCON temples, 65 Eco farm communities, 110 vegetarian restaurants and centres all over the world including in India. It was submitted that the mark ISKCON has been regularly, openly, continuously, uninterruptedly and extensively using the mark ISKCON in respect of the various goods and services since at least the year 1971. It also owns the domain name and/or website www.iskcon.org which has been operational since the year 1994 and has secured registrations of various other domain names. It further submitted that ISKCON is no longer restricted to any particular goods/ services/ activities but pertains to a diverse range of category and enjoys a personality that is beyond the scope of mere products/ services rendered under the trademark ISKCON.

The Court observed that the word ISKCON is a coined trademark that is to say that the same does not exist prior to its adoption and use by the Plaintiff and is associated exclusively with them and it deserves the highest degree of protection. On the basis of the material placed on record, the Court opined that the Plaintiff’s trademark ISKCON satisfies the requirement and test of a well-known trademark as contained in Section 11(6), 11(7) and other provisions of the Trademark Act, 1999 and declared ISKCON as a “well-known” trademark in India within the meaning provided in section 2(1)(z)(g) of the Trademarks Act 1999.

About the author: Ms. Kavita Srivastav Sharan is a Senior Associate at S. K. Srivastav & Co. Law Firm (www.srivastavandco.com).

For detailed judgement and further clarification/information please contact her at sks@srivastavandco.com

S.K. Srivastav & Co.

Related Articles by Firm
Foreign Banks Allowed to Operate in Myanmar
After more than 50 years of banning, the Central Bank of Myanmar has issued the first final licenses allowing four foreign banks to operate in Myanmar.
Tanzanian Draft National Energy Policy of 2015
Highlights on the ongoing and upcoming industry developments with focus on the transition of the energy sector since the introduction of the Big Results Now! campaign
Mineral Rights Available in Tanzania
Overview of the mineral rights available in Tanzania, with specific focus on the various categories of mineral rights
The Legal Framework of the Aviation Sector in Tanzania
As attention turns to Tanzania’s trade and energy opportunities, the spotlight has fallen upon the nation’s infrastructure. This update focuses on the capabilities and issues of the Tanzanian aviation sector.
Oil price volatility - Offshore oil storage
Are there any legal concerns with tankers being used for floating storage?
Oil price volatility - risks and opportunities in 2015
While many companies can weather the oil price slide and volatility, some industry players face a real risk of insolvency.
India: Union Budget 2015
A bullet-point overview of changes in Direct Tax, Indirect Tax and Goods and Service Tax in India in light of Finance Minister Arun Jaitley’s first full-year Budget…
Prohibition against transfer of personal data outside Hong Kong
Section 33 of the Personal Data (Privacy) Ordinance (PDPO) prohibits the transfer of personal data to places outside Hong Kong, except in circumstances specified in the PDPO.
Security of payment under FIDIC contracts: more secure, for now
The High Court of Singapore recently handed down an important judgment in relation to the enforceability of Dispute Adjudication Board (DAB) decisions under the FIDIC forms of contract.
Insurance Laws (Amendment) Bill passed as Ordinance in India
The long-awaited Insurance Laws (Amendment) Bill has become a provisional law in India. The Bill amends the Insurance Act (1938), the General Insurance Business (Naturalisation) Act (1972), and the Insurance Regulatory and Development Act (1999).
SICC: now open for business
On Monday 5 January 2015, the Singapore International Commercial Court ("SICC") was officially opened...
Myanmar insurance update
Clyde & Co partner Michael Horn recently visited Myanmar's commercial capital Yangon and reports on the current state of the insurance market...
Launch of the online mining cadastre transactional portal
Plus, a summary of the key mineral rights available in Tanzania; and, a look at the manner in which mineral rights can be transferred.
Restrictions imposed on holders of mineral rights
This briefing looks at some of the restrictions imposed on holders of mineral rights in Tanzania by the Mining Act 2010
Draft local content policy for the oil & gas industry in Tanzania
The first draft of the long-awaited local content policy for the oil & gas industry in Tanzania has now been published by the Ministry of Energy and Minerals ...
Tanzania: Revocation of mining licences
The Tanzanian government recently announced the cancellation of a total of 174 mining licences. This mining update examines the key continuing obligations imposed by the Mining Act upon mining licence holders.
Mining Development Agreements
In this month’s mining briefing we look at Mining Development Agreements (MDAs) and the role that they play in the mining sector in Tanzania.
The Tanzanian railway system: current legal framework
The railway system of mainland Tanzania has a total track length of 3,676 kilometers (km) with two separate networks, run by two separate organisations ...
Related Articles
New regulation on the prohibition of sales of alcoholic beverages online
In line with evolving trends in technology, certain entrepreneurs and retailers have started using online channels to sell alcoholic beverages, which makes it difficult to ensure the sale of such beverages is in accordance with existing laws ...
Dubai Family Ownership of Common Property Law
The Law also aims to provide a legal framework for maintaining continuity of family ownership and avoiding division of businesses amongst family members ...
"You can’t manage what you don’t measure"
….so said a General Counsel in a recent discussion we had about the use of data in their legal department.
Related Articles by Jurisdiction
The New Land Bill – ground reality
The Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 (2015 Bill) was …
India Special Report
In this month’s Special Report on India, we take a look at how the country’s robust economy has helped Asia survive the global financial crisis and ask whether its legal sector is likely to follow the example of ...
Latest Articles
New regulation on the prohibition of sales of alcoholic beverages online
In line with evolving trends in technology, certain entrepreneurs and retailers have started using online channels to sell alcoholic beverages, which makes it difficult to ensure the sale of such beverages is in accordance with existing laws ...