Author – Neha Agarwal (Banasthali Vidyapith, Rajasthan)
Delhi High Court in case of M/S Telecare Network India Pvt. Ltd. v. M/S Asus Technology Pvt. Ltd and ors, has prevented mobile manufacturing company Asus Technology from using the mark “ZEN”, “ZENFONE” and other similar terms while selling mobile phones and other products.
In the instant case, counsel on behalf of plaintiff i.e. Mudit Sharma and Parvez Alam Khan submitted that Telecare Network India Pvt. Ltd. was a prior user and had been continuously using the marks ZEN and ZEN MOBILE for feature phones, smart phones, tablets and accessories since 2008. It had contended that ASUS Technology had subsequently adopted an identical trademark ZENFONE for selling identical goods in 2014. It was further raised in the plea by the plaintiff that both the brands had a similar price range and as a result of this it may cause commercial and financial loss to Telecare, leaving users confused about the company that manufactured the products.
Counsel on behalf of defendant i.e. Sethi, Daksh Kumar and Sumit R Sharma submitted that Asus usage of the ‘Zen’ mark is in line with its chief execute Jonney Shih’s philosophical belief, and as such, is a generic term in regards to the followers of Buddhism and emphasised that there was no scope of confusion as the name ‘Zenfone’ was always firmly associated with the defendant brand.
The single bench headed by Justice Manmohan based on the fact that Asus filed it’s trademark in 2014 prior to which Telecare Network was already using the trademark ‘Zenmobile’ — deemed as a very similar variation of the Zenfone brand, passed an interim order against the defendant from using the mark “ZEN”, “ZENFONE” and other similar terms while selling mobile phones and other products. The Court has further prevented Asus Technology from directly or indirectly selling, offering and advertising for sale mobile phones, mobile accessories or any other related products under the Trademark ZEN, ZENFONE and any other Trademark identical or deceptively similar to the Trademark ZEN and ZEN Mobile.
The next hearing is scheduled for 10th July, 2019.
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