Hindu god Krishna’s name is not the exclusive property of any company, the Delhi High Court has said, while rejecting a trademark-related plea of a milk food company which wanted a rival to be barred from using the deity’s name on its products.
A division bench of Justice Pradeep Nandrajog and Justice Sunil Gaur Monday heard an appeal filed by Delhi-based firm Bhole Baba against the court’s earlier order declining its claim of exclusive right over the use of word ‘Krishna’ for dairy products.
Refusing the prayer of Bhole Baba Milk Food Industries to stop Parul Food Specialities from using the word “Krishna”, the court said: “The distinctiveness to which the appellant can lay a claim is to what it has got registered as a whole and such registration cannot possibly give an exclusive statutory right to the appellant qua a particular word of common origin.”
The division bench upheld a single-judge bench’s order against Bhola Baba’s plea and said: “We are in agreement with the view taken by the learned single judge not only for the reasons given by the learned single judge but the additional reason, as in the instant case, a deity may be associated with a particular kind of goods.”
It is common knowledge that Lord Krishna, as a child, was known for his love of milk and butter. This would certainly dilute a proprietary claim projected by any person in relation to word ‘Krishna’ with dairy products.