The court has restrained 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 after eight weeks from the order delivered on May 28.
Telecare Network India Private Limited had contended that it 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. It was further raised in the plea that both the brands had a similar price range.
Counsel for Asus Technology, Sandeep Sethi, contended that Asus was spearheaded by Jonney Shih, a staunch believer of the zen philosophy. The company had been using the Zen Design Concept, namely the concentric circles (creating the effect of ripples in water) on its gadgets for long, he added.
“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," the order reads.
The plaintiff company was represented by Mudit Sharma and Parvez Alam Khan while Asus Technology was represented by Sethi, Daksh Kumar and Sumit R Sharma.