Another month, another ban in India relating to technology. This time, Asus has been barred from selling the majority of its products, including smartphones, in India. The Delhi High Court has granted an interim order prohibiting Asus from selling any of its goods with the “Zen” logo. As a result, Asus has been obliged to stop selling its ZenFone smartphones in India.
After being found to infringe on the ‘Zen’ trademark, Asus has been directed to halt sales of its Zen branded items in India, according to Bar & Bench. Telecare Network first registered the Zen trademark in 2008 for use with its Android smartphones. With its ZenFone series of Android smartphones, Asus entered the Indian market later in 2014.
The Delhi High Court reached a decision, declaring, “The defendants have used a deceptively similar/same trademark (ZENFONE) in relation to identical goods (mobile phones) with identical trade channels, satisfying the triple identity test. The defendants’ adoption of a deceptively similar mark, in which the plaintiff’s mark ZEN is the main portion of the defendant’s mark ZENFONE, for the same product, mobile phones, indicates prima facie that there is a probability of misunderstanding and damage to the plaintiff’s goodwill.”
As a result, Asus has been told to stop selling all of its products with the ‘Zen’ branding immediately. Please keep in mind that the court order is just temporary, and Asus can still petition the court with a compelling explanation or remedy to have the restriction lifted.
Source: indiatoday