Case Analysis | IP & Litigation

The curious case of ISKCON V/S ISKCON

/ / The curious case of ISKCON V/S ISKCON

#ISKCON is a registered #trademark of the International Society for Krishna Consciousness with a presence in over 60 countries worldwide. They filed a commercial #intellectualproperty suit against an apparel manufacturing company ISKCON Apparel Pvt Ltd. They alleged #infringement on account of the usage of the trademark to sell clothes online. As per the plaintiff, the trademark is now always directly associated with them.

It is clear that ISKCON is a coined trademark of the #plaintiff and the term did not exist before. For this, justice B P Colabawalla, the #judge presiding over the case said “The trademark undoubtedly deserves the highest degree of protection.”

The court also quoted – “ I have no doubt in mind that the plaintiff’s trademark ISKCON has come to enjoy a personality that is beyond mere products/services rendered thereunder and the recognition, reputation and goodwill of the trademark ISKCON is today no longer restricted to any particular class of goods or services.”

Understanding the possible repercussions, ISKCON Apparel Pvt Ltd, later informed the #court that it has now changed its name to Alcis Sports Pvt Ltd. They also submitted an undertaking that it would not use the trademark or name ISKCON in the future.

 

References:

https://www.nyayshastram.com/post/iskcon-vs-iskcon-apparel-pvt-ltd-anr-analysing-the-four-major-commandments-of-trademark-law

https://www.hindustantimes.com/mumbai-news/apparel-firm-tells-hc-it-will-not-use-iskcon-in-name-or-trademark/story-ffJnvPjRuWVjORBVqTxfHO.html

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