The Hindu god Krishna’s name is not the exclusive property of any corporation, the Delhi High Court has ruled.
Rejecting a trademark infringement case filed by milk food company to bar a competitor from using the diety’s name on its products, 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 court said Krishna’s affinity for milk products particularly weakens a trademark infringement claim in relation to dairy products: “It is common knowledge that Lord Krishna, as a child, was known for his love of milk and butter and thus Lord Krishna is closely linked with milk and butter and this would certainly dilute a proprietary claim projected by any person, in relation to Krishna with dairy products.”