A city civil court in Ahmedabad has ruled that a family business name can be used by any family member, regardless of who registered it as a trademark. The court dismissed a lawsuit seeking to restrict the use of the name “Shree Ram Vastra Bhandar” to one family member, allowing others to use it for their own businesses.
First Published Aug 19, 2024, 4:30 PM IST | Last Updated Aug 19, 2024, 4:30 PM IST
Ahmedabad: A city civil court has rejected a lawsuit filed by a clothing store owner who sought to monopolize the use of ‘Shree Ram Vastra Bhandar’ as a trademark, citing that names of deities cannot be exclusively owned through trademark registration. The plaintiff, a descendant of Balkrishna Shah, had objected to their cousin Ashutosh Shah’s use of the same name for his clothing store, but the court ruled against them.
The plaintiffs alleged that they have been operating their clothing store under the ‘Shree Ram Vastra Bhandar’ trademark since 1975, and have also registered its logo. They claimed that their cousin, Ashutosh Shah, is unlawfully using the same name for his shop and falsely claiming a 1975 establishment date on his signage, thereby infringing on the plaintiffs’ trademark rights and seeking a court order to stop him from using the name.
The defendant’s advocate, Zahid Shaikh, stated that after reviewing the evidence and listening to the arguments, the civil court dismissed the suit. The court ruled that a god’s name is considered a generic term and cannot be exclusively claimed by any individual.
The court said, “Shree Ram is the name of a Hindu God and if any party registers the said name with the trademark registry, it does not mean that he becomes the exclusive owner of the name ‘Shree Ram’ and any other Hindu person or any person cannot use the said name. The words ‘vastra bhandar’ mean clothing store/wardrobe and a clothing store is called a vastra bhandar.”
The court ruled that a family business name is not the exclusive property of one family member, even if they have registered it as a trade name. This means that other family members are also entitled to use the name for their own businesses, as it is a shared family asset.
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