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  Commercial IP Suit (L) No. 235 of 2020


The International Society for Krishna Consciousness (ISKCON) filed a commercial lawsuit against the clothing company ISKCON Apparel Pvt Ltd in the Bombay High Court. ISKCON alleged the clothing maker violated its registered trademark to sell clothing online.  

ISKCON was established in 1966 in New York. It is a religious body with a global presence. The term ‘ISKCON’ is an acronym was derived from the Plaintiff’s name.

This summer as we packed our bags and left our rented flats for what was supposed to be a “two-week vacation” from college, little did we know about the looming pandemic. As we hop from Lockdown 1.0 to Lockdown 3.0 and now onto Unlock 1.0, the question which looms large on our minds, perhaps on everyone’s, “When will we get to go back?”

The question is poignant for reasons more than one. In the face of rising uncertainties, what remained constant was our rent, now for a flat left to be vacant for the foreseeable future.


Arbitration has evolved over the years to be one of the most preferred mechanisms for resolving disputes between parties, especially in the areas of international business. It is a method of alternative dispute resolution for the settlement of disputes where a final decision is taken by an impartial third party. In case of any dispute, there is significant time spent negotiating, choosing and drafting arbitration agreements to facilitating an efficient arbitral process and adjudication. In general, arbitration is a voluntary and cooperative mechanism and it is very important to take into account all the main factors that usually affect the arbitration process. In this respect, the choice of the seat of arbitration is one of the main factors underlying any arbitral agreement. Parties to the arbitration can arrive at a consensus towards the seat of arbitration at any point in time.

In a recent order dated 03.02.2020 passed by the Hon’ble Allahabad High Court granting bail to former Union Minister and BJP leader Swami Chinmayanand Alias Krishna Pal Singh, concerning the allegations of sexual harassment against him, Justice Rahul Chaturvedi stated that the accused and the complainant ‘both used each other’ ensuing that the sexual harassment accusations case, as well as other crimes against women, point to an amplifying tide of misogyny imbibed in the society.

“The quality of our lives depends not on whether or not we have conflicts, but on how we respond to them,” said Thomas Crum. Dispute resolution is the primary goal of any legal system and is an indispensable part of a peaceful society. In India, the process of Justice Delivery is a long, painstaking, and time-consuming process as the Indian Judiciary is over-stressed with a large number of impending cases. As per the National Judicial Data Grid data, as on 25 June 2020, 32955339 cases are pending across the country.  In such a scenario, it becomes a necessity to have an efficient alternative dispute resolution system. Arbitration is an effective forum for the resolution of disputes. Enclosing an arbitration clause in a contract saves time and money and helps in preserving relationships as it helps in peaceful and cooperative disposal of issues.