International Society for Krishna Consciousness vs. ISKCON Apparel Pvt. Ltd. and Ors.

Introduction

ISKCON, a worldwide famous religious organisation’s trademark rights were infringed by the ISKCON Apparel Pvt. Ltd., an online clothing store and the former demanded the recognition of well-known trademark under Section 11(6), Section 11(7) and Section 2(1)(zg) of Trade Mark Act,1999.

Facts of International Society for Krishna Consciousness vs. ISKCON Apparel Pvt. Ltd. and Ors.

ISKCON (International Society for Krishna Consciousness) which was established in 1966 in New York City, USA became a popular organisation with its several temples and restaurants in different countries. In India, it constructed its first temple in 1971. The organisation also sells various goods including books and clothes to its devotees with the trademark ISKCON.

ISKCON members find out on February 2020 that a company with the name ISKCON Apparels Pvt. Ltd. Is using the same acronym ISKCON while selling clothes on an online platform violating their trademark rights.

Although the organisation issued summons and notices to the defendant several times but there was no response from the defendant’s side. And they changed their company’s name to Alcis Sports Pvt. Ltd. But continue to use the label of ISKCON in their products.

The commercial petition was filed by ISKCON against ISKCON Apparels Pvt. Ltd. infringing the trademark rights of ISKCON which itself is famous and a registered organisation under the Trademarks Act, 1999.

Issues Raised in International Society for Krishna Consciousness vs. ISKCON Apparel Pvt. Ltd. and Ors.

• Whether the plaintiff’s trademark is a well-known trademark?
• Whether the plaintiff took any action before on such infringement of right?
• Whether defendants still liable after changing the name of the company?

Laws Involved

Section 11(6), Section 11(7), Section 2(1)(zg) of the Trademarks Act, 1999

Arguments

• Plaintiff

Mr. Kamod filed that the plaintiff is entitled to a declaration that its trademark ISKCON is a well-known trademark. He mentioned that the ISKCON was founded by Late Acharya, His Divine Grace Bhaktivedanta Swami Prabhupada as a Krishna Consciousness Movement.

Within a short span of time the organisation spread globally and today there are 600 ISKCON temples/65 eco farm communities, 110 vegetarian restaurants, and centres all over the world including India. The organisation widely used its trademark ISKCON for almost each and every purpose. It has also its own registered domain www.iskcon.org which is providing information about the organisation since 1994.

Apart from this, the organisation distributes or sells clothes and books to its devotees under the same trademark ISKCON.

The Plaintiff also contended that since 1971 to distinguish its services and goods, the organisation is spending a substantial amount and effort in its publicity and advertisement and organisation is registered trademark.

• Defendant

Mr. Roshan, the defendant, argued that the ISKCON Apparels Pvt. Ltd. has changed its name to Alcis Sports Private Limited, and the former was not in existence today. He mentioned that the defendant has already submitted the Affidavit-cum-undertaking on 23^rd June 2020, mentioning that the company will not further use such trademark name ISKCON for its trade purpose.

Judgement in International Society for Krishna Consciousness vs. ISKCON Apparel Pvt. Ltd. and Ors.

Justice Colabawalla said that since the acronym ISKCON was not in existence before the plaintiff’s adoption of such a term, so the originator has the sole right to protect his coined trademark. The documents which were presented by the plaintiff show the worldwide popularity and the belief and faith of people in the organisation.

The plaintiff is safeguarding and protecting its trademark ISKCON and also initiated proceedings in various different courts and forums against its misuse and successful in protecting its trademark so far. The defendants were banned from using the trademark ISKCON, even writing formerly ISKCON, was restricted by the court to maintain the reputation of the plaintiff’s organisation.

He further added that it is evident that the plaintiff’s trademark is widely acceptable, the popularity of the trademark is not only confined to India but also extended to other countries, the plaintiff is using its trademark openly, widely and continuously since its origin and the plaintiff has also taken actions against its various infringers in the past so the plaintiff’s trademark fulfilled all the requirements of a ‘well-known trademark’ within Section 11(6) and Section 11(7) of TradeMarks Act 1999 as well as Section 2(1)(zg) with the meaning of ‘well known’.

Conclusion

The use of the plaintiff’s trademark ISKCON for their beneficiary purpose clearly defined the intention of the defendant that they want to gain profit by selling their product under the name of the religious organisation. The plaintiff’s organisation works for the benefit of its devotes giving things at subsidized or free rates. And same was the intention of defendant to issue a similar trademark, people believing it to be the real one can get attracted thinking it to be a real organisation. But the Bombay High Court gave the status of ‘well-known trademark’ to the ISKCON.

This article has been submitted by Rashi Gupta, a student at Jamia Millia Islamia University, New Delhi.