Apparel firm tells HC it will not use ‘Iskcon’ in name or trademarkUpdated: Jul 07, 2020 01:09 IST
The Bombay high court (HC) on July 3 put to rest a dispute between ‘Iskcon’ (the International Society for Krishna Consciousness) and an apparel company which had purportedly sold its products online using the name Iskcon. The issue came to rest after a director of the firm informed HC that they have changed the name of the apparel company to Alcis Sports Private Limited from Iskcon Apparel Pvt. Ltd, and also issued an undertaking stating that they will not use the term “Iskcon” anywhere in its trade name or trade mark.
The court also declared that Iskcon is a “well-known trademark”, which enjoys considerable protection under provisions of the Trade Marks Act, 1999.
Iskcon had moved HC permanent injunction against Iskcon Apparel Pvt Ltd from infringing its registered trade mark. Iskcon’s lawyers submitted that apart from being its abbreviated name, they have got the term “Iskcon” registered as a trademark and other marks containing “Iskcon” as one of their leading, essential, distinctive and prominent feature in respect of various goods or services.
It was further submitted that there are more than 600 Iskcon temples, 65 eco-farm communities, 110 vegetarian restaurants all over the world, including in India. Its counsel added that the organisation has taken efforts and spent substantially on publicity and advertisement to promote and popularise the mark, “Iskcon”, and this fulfils all the requirements of a well-known trademark under 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,” said the judge, adding that the material submitted by the petitioner body evidently showed that the mark Iskcon has acquired immense and long-standing reputation and goodwill throughout India and abroad, and therefore deserved to be declared a well-known trademark.