Delhi High Court recently refused a prohibitory injunction on the use of the name “Krishna” as a trademark. In Bhole Baba Milk Food Industries Ltd v Parul Food Specialities (P) Ltd, the court held it “cannot come to the conclusion that a name as common as Krishna; which in the cultural context of our country is as common as the word ‘John’ used in West, has achieved in the plaintiff’s case a secondary distinctiveness of the kind that it is inalienably related by the consumers to the plaintiff’s product”.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
