The Bombay excessive courtroom (HC) on July three put to relaxation a dispute between ‘Iskcon’ (the International Society for Krishna Consciousness) and an attire firm which had purportedly bought its merchandise on-line utilizing the title Iskcon. The difficulty got here to relaxation after a director of the agency knowledgeable HC that they’ve modified the title of the attire firm to Alcis Sports Private Limited from Iskcon Apparel Pvt. Ltd, and likewise issued an endeavor stating that they won’t use the time period “Iskcon” wherever in its commerce title or commerce mark.
The courtroom additionally declared that Iskcon is a “well-known trademark”, which enjoys appreciable safety underneath provisions of the Trade Marks Act, 1999.
Iskcon had moved HC everlasting injunction in opposition to Iskcon Apparel Pvt Ltd from infringing its registered commerce mark. Iskcon’s attorneys submitted that aside from being its abbreviated title, they have the time period “Iskcon” registered as a trademark and different marks containing “Iskcon” as one in all their main, important, distinctive and outstanding characteristic in respect of assorted items or companies.
It was additional submitted that there are greater than 600 Iskcon temples, 65 eco-farm communities, 110 vegetarian eating places all around the world, together with in India. Its counsel added that the organisation has taken efforts and spent considerably on publicity and commercial to advertise and popularise the mark, “Iskcon”, and this fulfils all the necessities of a widely known trademark underneath the Trade Marks Act, 1999.
Justice BP Colabawalla accepted the claims. “Since it is a coined trademark which is associated exclusively with the plaintiff, it undoubtedly deserves the highest degree of protection,” mentioned the decide, including that the fabric submitted by the petitioner physique evidently confirmed that the mark Iskcon has acquired immense and long-standing popularity and goodwill all through India and overseas, and due to this fact deserved to be declared a widely known trademark.