Trademark dispute over the ISKCON mark: Order passed by the Bombay HC on Interim Application

Trademark dispute over the ISKCON mark: Order passed by the Bombay HC on Interim Application

Case Title: International Society for Krishna Consciousness Bangalore (ISKCON) Vs. International Society for Krishna 

The International Society for Krishna Consciousness (ISKCON), the first respondent filed a lawsuit, although the appellants were not named as defendants. In the lawsuit, the first respondent claimed that the mark ISKCON had been violated. On June 26, 2020, the learned Single Judge (BP Colabawalla J) issued an order in response to that motion against two defendants. He granted the injunction that the plaintiff and first respondent had requested.

The lawsuit itself was decided on June 23, 2020, as Defendants submitted an affidavit and undertaking dated that day.

The International Society for Krishna Consciousness, Bengaluru, through its Interim Application (L) No. 12003 of 2021 requested for a leave to appeal.

Evidently, the ruling in question cannot bind Bengaluru ISKCON because the appellant was not a defendant in the lawsuit. Dr. Saraf, speaking on behalf of Bengaluru ISKCON, claims that while the determination that ISKCON is a well-known trademark is not problematic in itself, Bengaluru ISKCON is upset by the assertions that Mumbai ISKCON is the sole and exclusive registered owner of the mark, and this well-known trademark is exclusively associated with the original Plaintiff ("Mumbai ISKCON").

We believe it is sufficient to state that the learned Single Judge's observations are not to be interpreted as conclusively resolving any claims or contentions the appellants may have regarding ownership of the mark, including whether their claim is one of exclusive ownership or a right of concurrent use.

The appropriate proceedings before any forum, including the Registrar of Trademarks, are left open for those assertions. The conclusion that ISKCON is a well-known mark binds the Registrar of Trademarks. Questions regarding who has the right to use that mark or who can be considered to be its registered owner are expressly left unanswered.

The Court ordered - We are informed that the Supreme Court is a battleground between the ISKCONs of Mumbai and Bengaluru. Evidently, we have nothing to say about those events. This is sufficient to resolve the appeal itself and any interim applications. These terms apply to all matters.