Coining, Protection, Enforcement & Use
What one learns from the Bombay High Court ISKCON judgment is tremendous. It is not only a lesson in itself for any trademark owner, but it is a landmark for all those who are in course of chalking out a mark for their business/products/services. In a case of ISKCON vs Iskcon Apparel Pvt Ltd., the significance of adoption, coining, enforcement & use was laid down before the the Bombay High Court. The manner of adoption was placed before the Court where it was explained that the mark was conceptualised by fashioning an acronym out of name given for the the Krishna consciousness movement founded by AC Bhaktivedanta Swami Prabhupada at New York in 1966, i.e. the International Society for Krishna Consciousness. It was also submitted that ISCKON trademark was regularly used for various goods since 1971. Furthermore, it was brought to the court’s attention that ISKCON was successfully enforced as a trademark in several legal proceedings & it deserved a status of being Well known. The defendant had already stopped using the mark Iskcon and also refrained from challenging the submissions made that ISKCON deserved recognition as a well-known mark. The Bombay High Court allowed ISKCON to be recognised as a Well known trademark citing its national & international acceptability, its wide popularity, its continuous use and successful enforcements. Hence, it is very important for all trademarks to be originally coined & adopted, honestly & uninterruptedly used and successfully enforced to avoid any dilution.
“It certainly is a positive thing… having a trademark.” – Billy Squier