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Andrew Bonwick
Vice President of Product Development at Relm Insurance
Madhav Sheth
CEO of Ai+ Smartphone
Stephen Rose
CEO Render Networks
The Delhi High Court has passed a new order restraining the Taiwanese manufacturer Asus Technology from selling and advertising its phone, accessories or any other product under the trademark ZEN or ZENFONE, or any other deceptively similar trademark. The Single Judge Bench of Justice Manmohan passed this interim order following a suit for infringement filed by Telecare Network India Pvt Ltd against Asus. In the filing, Telecare Network India Pvt Ltd stated that it was the registered proprietor of the marks ZEN and ZENMOBILE under the Trade Marks Act, 1999. The company also said that it had been using the trademarks for feature phones, smartphones and tablets since 2008.
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Original Owner of ZEN Trademark Before 2008 – Telecare Networks
The plaintiff said that Asus had adopted a similar moniker of ZENFONE to sell a competent product, i.e. smartphone in the market. The filing also stated that since the pricing of the products from both the companies was similar, it was bound to confuse the minds of the public that these two were somehow associated. Thus the plaintiff argued that Asus adopted ZEN with mala fide intent to ride upon its goodwill and reputation. To this, Asus had replied in the court that the company was spearheaded by Mr Jonney Shih, who is a big believer of the ZEN philosophy and that the ZEN mark was the symbolism for that. The company also argued that the mark ZEN was common to trade and “generic” in nature.
