Poems and a verse from the Bhagavad Gita: How a Delhi Court dealt with a trademark infringement case

A Delhi Court recently quoted a couple of poems and a verse from the Bhagavad Gita in a judgment on trademark infringement and passing off wherein TTK, known for manufacturing kitchen appliances, dragged an online retail platform for selling its products without consent [TTK Prestige Ltd v. Hiveloop Technology Private Ltd].

To illustrate the need of passing a summary judgment, the Court found resonance in a poem by American writer and poet Shel Silverstein. The first few lines of the entire poem mentioned in the judgment, read,

Sarah Cynthia Sylvia Stout

Would not take the garbage out!

She’d scour the pots and scrape the pans,

Candy the yams and spice the hams,

And though her daddy would scream and shout,

She simply would not take the garbage out…

In order to demonstrate why during the consideration of a case or a claim for summary judgment it is required to weigh and evaluate a host of factors, the Court referred to verse 17, Chapter 4 of the Bhagavad Gita, which reads,

कररणण हपप बणदवयय , बणदवयय पवकररण:|अकररणशच बणदवयय गहनन कर रणण गपत:||”.

It explained,

Logic for an action must be known, so also the logic for inaction and that the logic for a prohibited action must also be known, therefore the practice of ‘karma’ is profound.”

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