International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors.

• Case Title: International Society for Krishna Consciousness (ISKCON) v. Iskcon Apparel Pvt. Ltd. & Anr.
• Court: Bombay High Court
• Case Number: Commercial IP Suit (L) No. 235 of 2020
• Decision Year: 2020
• Judge: Justice B. P. Colabawalla
• Subject Area: Trademark infringement and passing off
• Statutes Involved: Trade Marks Act, 1999

Trademark law plays a crucial role in protecting the identity, reputation, and goodwill of organisations. A trademark not only distinguishes the goods or services of one entity from another but also acts as a source identifier in the minds of the public. In India, the Trade Marks Act, 1999 provides statutory protection to trademarks, including special protection to marks that qualify as well-known trademarks.

The case of International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. is an important decision dealing with the misuse of a well-known religious and organisational name as a commercial trademark. The judgement clarifies how even indirect or continued reference to a protected mark, despite a formal change of business name, can amount to trademark infringement and passing off.

Facts of International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. Case

The Plaintiff discovered the alleged trademark infringement in February 2020 while conducting online searches. It was observed that the Defendant was using the word “ISKCON” as part of its business name and on apparel products sold online.

The Plaintiff claimed that the Defendant had no authorisation, licence, or permission to use the ISKCON trademark. According to the Plaintiff, such use was likely to mislead devotees and the general public into believing that the Defendant’s products were associated with, endorsed by, or connected to ISKCON.

After discovering the infringement, the Plaintiff issued multiple notices and summons to the Defendant, requesting cessation of the use of the ISKCON mark. However, there was no effective response from the Defendant, and no appearance was made on its behalf during the hearings at the initial stage.

Although the Defendant later changed its company name to Alcis Sports Pvt. Ltd., it continued to highlight its previous name and retained the use of the ISKCON mark in relation to its products. This prompted the Plaintiff to approach the Bombay High Court seeking relief for trademark infringement and passing off.

Issues Before the Court

Based on the pleadings and arguments, the Court in International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. considered the following issues:

1. Whether the trademark “ISKCON” qualifies as a well-known trademark under the Trade Marks Act, 1999.
2. Whether the Defendant’s continued use of the expression “formerly known as Iskcon Apparel Pvt. Ltd.” and use of the ISKCON mark on products amounts to trademark infringement and passing off, despite the change in corporate name.

Relevant Legal Provisions

The Court in International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. examined the dispute primarily under the following provisions of the Trade Marks Act, 1999:

• Section 2(1)(zg): Defines a well-known trademark.
• Section 11(6) and Section 11(7): Lay down the factors and criteria to determine whether a trademark is well-known.
• Section 135: Deals with the reliefs available in suits for trademark infringement and passing off.

In addition, reference was made to trademark classifications under the Nice Classification, including Classes 16, 23, 24, 25, 35, and 42, under which the Plaintiff held registrations.

Arguments Advanced by the Plaintiff

The Plaintiff contended that the ISKCON mark is inherently distinctive and exclusively associated with the International Society for Krishna Consciousness. It was argued that the mark has acquired substantial goodwill and reputation over decades of continuous and extensive use across the world.

The Plaintiff emphasised that ISKCON is not a common or descriptive term but a unique acronym derived from the organisation’s name. The use of the mark on religious literature, merchandise, and clothing has made it widely recognisable among devotees and the general public.

It was further argued that the Defendant’s use of the ISKCON mark was deliberate and intended to take unfair advantage of the reputation and goodwill associated with the Plaintiff. The continued display of “formerly known as Iskcon Apparel Pvt. Ltd.” was likely to create confusion and falsely suggest an association with ISKCON.

According to the Plaintiff, such conduct amounted to both trademark infringement and passing off, warranting immediate injunctive relief.

Arguments Advanced by the Defendant

The Defendant submitted that Iskcon Apparel Pvt. Ltd. was no longer in existence, as the company had changed its name to Alcis Sports Pvt. Ltd. It was also stated that an affidavit-cum-undertaking had been filed, stating that the Defendant would stop using the ISKCON trademark.

However, despite this submission, the continued reference to the earlier name and the alleged use of the mark on products remained a central concern before the Court.

Court’s Analysis and Reasoning in International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors.

The Bombay High Court carefully examined the reputation, goodwill, and long-standing use of the ISKCON mark. The Court took note of the global presence of ISKCON and its extensive activities in India, including religious services, literature distribution, and merchandise bearing the ISKCON name.

While determining whether ISKCON qualified as a well-known trademark, the Court applied the criteria laid down under Sections 11(6) and 11(7) of the Trade Marks Act, 1999. These criteria include public recognition, duration and extent of use, geographical spread, promotional efforts, and prior enforcement of trademark rights.

The Court observed that the ISKCON mark was widely recognised by the public in India and internationally. It was also noted that the term “ISKCON” had no prior independent usage before being adopted by the Plaintiff, further strengthening its distinctiveness.

On the issue of name change, the Court held that merely changing the corporate name does not absolve liability if the infringing use continues in any form. The use of the phrase “formerly known as Iskcon Apparel Pvt. Ltd.” on the Defendant’s website was held to be misleading and capable of causing confusion.

The Court found that the Defendant’s actions amounted to trading upon the goodwill and reputation of the Plaintiff. Such conduct constituted trademark infringement as well as passing off, irrespective of the subsequent change in business name.

International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. Judgement

The Bombay High Court held that the trademark “ISKCON” is a well-known trademark within the meaning of the Trade Marks Act, 1999. The Court concluded that the Defendant’s use of the ISKCON mark, including the expression “formerly known as Iskcon Apparel Pvt. Ltd.”, amounted to trademark infringement and passing off.

The Court granted an interim injunction restraining the Defendant from using the ISKCON mark in any manner, including direct use and indirect references suggesting prior association.

Conclusion

The decision in International Society for Krishna Consciousness (ISKCON) vs Iskcon Apparel Pvt. Ltd. & Ors. reinforces the strong protection accorded to well-known trademarks under Indian law. The case highlights that a change in business name does not legitimise continued or indirect use of a protected trademark.

The judgement also underlines the importance of safeguarding the identity of religious and charitable organisations from commercial exploitation. By recognising ISKCON as a well-known trademark, the Court ensured that its goodwill, reputation, and public trust remain protected from misuse and misrepresentation.

Note: This article was originally written by Rashi Gupta (Student, Jamia Millia Islamia University, New Delhi) on 02 October 2022. It was subsequently updated by the LawBhoomi team on 27 January 2026.