The very famous International Society for Krishna Consciousness (ISKCON) recently had filed a commercial IP suit against an apparel company with the name Iskcon Apparel Pvt. Ltd., suing it for using the name ISKCON and selling apparels under this brand name. ISKCON is Krishna Consciousness Movement which was founded by late Archarya Bhaktivedanta Swami Prabhupada on 13th July 1966. As opposed to many people’s beliefs it was not founded in India it was started in New York, United States of America. This movement, in no time, gained tremendous following and popularity and had spread across the globe. There are about 600 ISKCON temples, 110 vegetarian restaurants, 65 eco-farm communities and centres all over the world.
The Bombay High Court through an Order dated 6th March 2020 had granted an ad-interim injunction against the defendant. During the hearing of this suit, the director of the defending apparel company through an Affidavit-cum-Undertaking informed the court that the company had changed its name to Alcis Sports Pvt. Ltd. and that the company would refrain from using the name Iskcon anywhere in future. The Counsel for Plaintiff made detailed submissions regarding the nature of services offered by the Plaintiff under the trademark ISKCON and the kind of wide reputation and goodwill that has been acquired by the trademark ISKCON. He submitted that the mark ISKCON, apart from being the abbreviated name of the Plaintiff, is also used and/or appears on all the advertising material. The Plaintiff has made applications/secured registrations in respect of the trademark ISKCON and/or marks containing ISKCON as one its distinctive and prominent features in respect of various goods/services/classes. The website in the same name has also been operational since 1994 and is still being used by the Plaintiff. The Plaintiff placed reliance on ITC Ltd. vs Rani Sati Foods Pvt. Ltd. and Texmo Industries vs Taxmo Aqua Engineering Pvt. Ltd. and Ors. to submit the parameters required to consider a name/abbreviation for a well-known trademark as per Sections 11(6) and 11(7) of the Trade Marks Act, 1999.
After hearing submissions from both the parties and careful consideration, the Hon’ble Court noted that the claim that ISKCON is a well-known trademark is not disputed by the Defendant and that it is a coined trademark of the Plaintiff. The Hon’ble Court also observed that the Plaintiff’s trademark has enjoyed a personality that is beyond the services rendered or products sold thereunder. The Hon’ble Court further noted that the Plaintiff’s trademark ISKCON has been widely accepted not just in India but across the world and that it has been openly and continuously been using the same for over five decades. The Hon’ble Court held that Plaintiff’s trademark ISKCON satisfies the tests and all requirements of a well-known trademark as contained in Sections 11(6) and 11(7) and all other provisions of the Trade Marks Act, 1999 and thus is a well-known trademark within the meaning as provided in Section 2(1)(zg) of the Trade Marks Act, 1999.
It is indeed very true that the soulful chants of “Hare Rama, Hare Krishna” and the melodious bhajans are also a way of knowing that how the trademark ISKCON has gone well beyond the products and services rendered.