Big Shock For Asus: Delhi High Court Stops Them From Using ‘Zen’ As Trademark; But Why?
Taiwan based computer, hardware and smartphone manufacturing company Asus has received a big shock in India.
Delhi High Court has stopped Asus from using the trademark ‘Zen’ while selling their smartphones. Since Zenfone 6, their latest flagship is expected to be launched in India on June 16th, there can be some major issues now.
But why did Delhi High Court take this decision?
Petition Filed Against Asus For Using ‘Zen’ Trademark
New Delhi based Telecare Network India is a small manufacturing company, which makes smartphones, had filed a case with Delhi High Court, asking them to restrain Asus from using the brand name ‘Zen’.
As per the petition filed, Telecare Network India has been manufacturing smartphones, feature phones, tablets and accessories under the brand name ‘ZEN MOBILE’ and ‘ZEN’ since 2008.
When Asus came to India, they started using ‘Zenphone’ brand for their new series, as they created an identical trademark for selling their goods.
Besides, the petition also mentions the fact that smartphones from both of these brands are similarly priced, which further supports their theory of violating business ethics.
As per information filed with the Govt., Telecare Network India’s directors are Neetesh Gupta, Mukesh Kumar Gupta, and their registered address is in Kailash Puri Extension,Palam New Delhi.
Delhi High Court To Asus: Stop Using ‘Zen’ Trademark
The Bench headed by Justice Manmohan has accepted the plea, and have ordered Asus to stop using the name ‘Zen’ anywhere, while selling their smartphones.
This restraint order covers 8 weeks, starting from May 28th.
As per the order, Asus is prohibited from using ‘Zen’, ‘Zenfone’, ‘any other trademark identical or deceptively similar to the trademark ZEN and ZEN Mobile’ for next 8 weeks.
Asus Defends: Zen Is A Buddhist Term
Sandeep Sethi, who is representing Asus in this case, has said that the term ‘Zen’ has been introduced to Asus by Jonney Shih, who is leading the company, and is a strong believer of Zen Design Concept.
Sandeep stated in the Court, “Though zen is a generic word qua a school of Buddhism, yet it is not a generic mark with regard to mobile phones and tablets as the said word has no connection or correlation with mobile phones or tablets,”
Zen brand from Asus was launched in 2014, and they launched their first smartphone in India, in 2015. Zenfone 6 is their latest smartphone, which was launched in Spain last month.
Sale of Zenfone 6 was expected to start from June 16th, but now, as the Delhi HC has restrained them from using the brand name ‘Zen’, we are expecting that the launch will be postponed.
The next date of the hearing is July 10th.
We will keep you updated, as we receive more updates.
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