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Free of Trade Marks

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Free of Trade Marks
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10/27/2011
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Osho And His Meditations

Free of Trade Marks

And His

Meditations

Free of Trade Marks







"Things can be

copyrighted, thoughts

cannot be copyrighted, and

certainly meditations

T he strongly worded unanimous verdict by US Trademark

Trials and Appeal Board, part of the United States Patent and

Trademark Office (USPTO), an agency of the United States

government on 13 January 2009, has established that “Osho” cannot

be trademarked. In response to the opposition lodged by Osho

cannot be copyrighted. Friends International (OFI) India, an association of Osho Meditation

They are not things of the Centres and Osho lovers, against Osho International Foundation

(OIF) Zurich, the Appeal Board ruled that Osho's name is used to

marketplace. Nobody can

describe the teachings and meditation techniques of the mystic Osho

monopolise anything. But and the spiritual and meditative movement that grew up around

perhaps the West cannot him. Since “Osho” does not identify only one Osho group as the

understand the difference source, it cannot serve as a trade mark owned by Osho International

between an objective Foundation. As a result defendant OIF can not foreclose others from

utilizing the term Osho.

commodity and an inner

The Board has cancelled all trademark registrations and

experience. For ten applications filed by the Zurich entity that were challenged by Osho

thousand years the East has Friends.

been meditating and Soon after “Osho”, the mystic formerly known as Bhagwan Shree

nobody has put trademarks Rajneesh, left His body in 1990 Osho International Foundation (OIF )

Zurich, started to register the name Osho and His Meditations as

upon meditations.

trade marks in the USA. Friends alleged that OIF attempted to hijack

-Osho control of the meditative and spiritual teachings of Osho and his

Om Shanti Shanti Shanti movement.

In March 2000, a web site www.oshoworld.com dedicated to









FEBRUARY 2009 49

making the huge volume of Osho Intellectual Property and centers were to be free of outside

discourses freely available on the Technology practice in the Chicago control forever. The current

internet, was served with a notice office , came forward with his decision is a step in that direction.

and pulled down from the net. whole hearted support to the Osho Osho knowingly and willingly

Relying upon their registrations of Friends, in their cause for freedom put His meditation techniques in

trademarks, the Zurich entity tried of spirituality and meditation. the public domain decades ago by

to force Osho Dhyan Mandir to During all His life, Osho was not only allowing, but encouraging,

abandon the domain name against all forms of organized people to use His techniques and to

www.oshoworld.com and transfer religions and did not want to create teach them to others. Osho wanted

its ownership to them. In its verdict another religion around him. He the techniques made available to as

on July 28, 2000 the National had insisted that all sannyasins and many people as possible, and

Arbitration Forum of USA decided all centers remain independent of Osho's people took those

in favor of Osho Dhyan Mandir and any hierarchy and controls. The techniques and spread them around

stated that: connection was always considered the world.

to be directly between Osho and

“To grant ( OIF, Zurich's ) individuals. Sannyasins and other “Nobody is my follower.

request for relief would be to lovers of Osho have always been a Nobody is going to be my

permit virtual monopolization group of individuals engaged in successor. Each sannyasin is my

on the Internet by Complainant their own individual understanding

representative. When I am dead,

( Zurich entity) of any domain of religiousness rather than

you all—individually—will

name which includes the name becoming followers of another

have to represent me to the

organized religion.

of a great spiritual teacher and world. There is not going to be

During His life He owned

leader. While making no any pope. There is not going to

nothing in His name and there had

judgment on the relative merits been no legal connection, be any shankaracharya. Each

or validity of the world's organization, or authority by any sannyasin, in his own capacity,

religions or spiritual movements central organizational entity over has to represent me.

or any leader thereof, this hundreds of Osho centers involved This has never happened

Arbitrator finds that permitting in spreading His work. This —but it is going to happen! You

this would be as improper as decision makes it clear that the

are all my successors.

doing the same with Zurich entity cannot usurp control

When I am dead, that simply

Christianity, Judaism, Islam, of religious teachings or Osho

means I have left this body and

religious movement by claiming

Zorastrianism, Hinduism, entered all the bodies of my

ownership of the word Osho. The

Buddhism, Taoism, people. I will be within you. I

unanimous decision stated, “

Confucianism, Shintoism or any because the evidence of record will be part of you.”

of the several hundred other of shows that ( people ) identify the -Osho

the world's religions and/or term Osho with a series of

spiritual movements.” meditative and religious teachings,

defendant (Zurich entity OIF) can

When the Zurich entity not monopolise such teachings by

continued to work towards legal asserting trademark rights. “ For more information about

ownership and control of Osho Osho had repeatedly pointed Osho trade marks visit website :

movement and centers around the www.oshofriendsinternational.com

out that His work was not His, but

world Osho Friends decided in 2000 simply truth. No control of the

to file for cancellation of the said people doing work in His name was

trademarks. Mark Feldman, lead necessary or desired. In fact, control

counsel and partner in DLA Piper's was to be avoided at all costs. All









50



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