ASUS can no longer sell phones under the ZenFone brand in India
According to a recent Delhi High Court ruling, ASUS will no longer be able to sell its smartphones under the ZenFone brand in India. As a matter of fact, any smartphone, accessory, or other related product, that has the word ZEN or ZENFONE in it will not make it to the market.
Telecare Network claims that its the sole owner of the ZEN and ZENMOBILE trademarks in the country, and claims that ASUS has adopted the same name to sell the same products, smartphones.
ASUS claims that the ZenFone name comes from joining the word Zen, from the Zen Philosophy, with the word phone, in order to convey a message.
…it was argued by the plaintiff that ZEN was adopted by Asus with mala fide intent to ride upon its goodwill and reputation — Bar and Bench
Concluding, the Court ruled that the adoption of the mark ZEN by ASUS was in bad faith, and “restrained Asus from directly or indirectly selling, offering and advertising for sale mobile phones and/or mobile accessories and/or any other related products or any other goods under the trademark ZEN, ZENFONE and/or any other trademark identical and/or deceptively similar to the trademark ZEN and ZEN Mobile, after eight weeks starting May 28“