10/05/97-1086

ISKCON (UK) Ltd. Threatens Legal Action Against "Radha-Krishna Prema"

England (VNN) - October 4, 1997. Syamananda das has been editing and publishing an independent newsletter called "Radha-Krishna Prema" since 1992 in the United Kingdom. The newsletter has always featured excerpts from the teachings of His Divine Grace Srila Prabhupada as well as writings from devotees, letters, a discussion forum, a section on the Holy Name, and an editorial. At one point Radha-Krishna Prema appeared to have the full blessings of ISKCON (UK) Ltd. It was featured in ISKCON's Nama Hatta Newsletter with details on where it could be obtained.

In recent years Radha-Krishna Prema has also featured lectures by Srila B.V. Narayana Maharaja and Srila B.R. Sridhara Deva Goswami. The journal's emphasis continues to be on non-sectarian Hari-katha. Syamananda reports that he receives many letters of appreciation, but one recent letter addressed to him caused him some alarm:

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS 2 St James Road, Watford, Herts. WD1 8EA Tel: 01923 334063 Fax: 01923 238677

18th September 1997

Dear Syamananda Prabhu,

Please accept my humble obeisances. All glories to Srila Prabhupada.

I am writing on behalf of the Management Council of the International Society for Krishna Consciousness (ISKCON) registered charity no. 259649.

It has been drawn to the attention of the Management Council that a number of individuals, including the addressee, are publishing a document called "Radha-Krishna Prema". On the front page of this document and in other sections of the publication it is stated "An ISKCON As It Is Publication".

The publication appears to be intended togive the misleading impression that these activities of ISKCON the registered charity. ISKCON is a registered trademark of the International Society for Krishna Consciousness and its unauthorised use is an infringement of the registration.

In addition the unauthorised reproduction of excerpts from the founder of ISKCON, His Divine Grace A.C. Bhaktivedanta Swami Prabhupada is also an infringement of copyright.

The Management Council of ISKCON therefore requires that those who are involved in the activities of "ISKCON As It Is" give an undertaking that;

(a) They will cease forthwith to use the name ISKCON in connection with their activities;

(b) They will cease to represent that they are associated with ISKCON;

(c) That they will publish a statement explaining - that they had no right to use the name ISKCON, they acknowledge that not only was it illegal to have done so but it was misleading for readers and they apologise to ISKCON and their readers for this behaviour. The article should also define ISKCON and their society. The article must be approved by the Management Council of ISKCON (UK) Ltd. It should be sent to everyone receiving the original publication and should be a stand- alone document (i.e. not just a small article in another of their publications);

(d) They will cease forthwith to publish extracts from the work of the Founder of ISKCON or to commit any other breaches of copyright;

(e) They will cease forthwith to make unauthorised use of the registered trademark, ISKCON.

I would be grateful if you would respond WITHIN 14 DAYS from the date of this letter, otherwise I will have no alternative than to refer the matter to our solicitors for further action.

Your servant, Sivarama Swami. GBC Secretary

(end letter)

We asked Syamananda to explain why he took the ill-advised action of using the phrase "An ISKCON As It Is Publication," knowing the current feelings toward Srila Narayana Maharaja's teachings in ISKCON UK. His response was that he felt the publication had the blessings of ISKCON (UK) Ltd. and did not feel that the association of the publication with the teachings of recognized Gaudiya Vaishnava teachers could be grounds for expulsion from ISKCON.

Admittedly this has been an ill-defined area; at what point does someone who transgresses against GBC law become expelled from ISKCON? At what point are their activities no longer considered authorized by ISKCON, and when can they no longer use the acronym ISKCON or refer to any association with "The International Society for Krishna Consciousness" ?

In any case, it was quite obvious to Syamananda, upon receiving this letter, that not only was he in severe jeopardy of legal action, the readers of Radha-Krishna Prema would no longer be blessed with the teachings of His Divine Grace Srila A. C. Bhaktivedanta Swami Prabhupada. This came as quite a shock. Years before, he asked Kripamaya das, who was then ISKCON (UK)'s Correspondence Secretary, for permission to freely quote from BBT publications. He was told at that time "not to worry about it, that we were ISKCON and to just go on preaching, etc." as Syamananda recalls. That permission was never rescinded, either verbally or in writing.

This reporter contacted Sivarama Swami via e-mail one week ago for comments on this matter, but no reply has yet been received.

Here is Syamananda's response:

Response to; "International Society for Krishna Consciousness Limited"

This response will address each relevant point raised in a letter received from Sivarama Swami Governing Body Commission (GBC) Secretary on behalf of "International Society for Krishna Consciousness Limited", registered charity no. 259649 - ISKCON (UK) Ltd.

In paragraph 3 of the above mentioned letter (herein referred to as "ISKCON Ltd's letter" for the purposes of this statement) it states;

"The publication appears to be intended to give the misleading impression that these are the activities of ISKCON the registered charity."

RESPONSE

We most strongly assert that no such intention to mislead exists or has existed. It appears that the assumption of intention to mislead is entirely the interpretation of the council members.

Until we received the above referred-to letter we feel it was quite reasonable to assume that we were part of the International Society for Krishna Consciousness ISKCON, and that barring such an explicit cease- and-desist request we feel it was quite reasonable to assume that we were welcome to represent our publication as we did. No ill will, harm, or profit was intended nor was there any intention to give any misleading or mis-guiding impression that it represents the activities of ISKCON Ltd the registered charity. However, we shall forthwith cease- and-desist to use the term "ISKCON" in connections with our activities, including our publications.

Paragraph 4 of ISKCON Ltd's letter states;

"In addition the unauthorized reproduction of excerpts from the Founder of ISKCON, His Divine Grace A.C. Bhaktivedanta Swami Prabhupada is also an infringement of copyright."

RESPONSE

We wish to most strongly assert that verbal permission was sought and granted from ISKCON Ltd's Correspondence Secretary, therefore no illegal act has been committed. ISKCON Ltd's Correspondence Secretary has been fully aware since 1992 that our publication has reproduced extracts from the works of the Founder of ISKCON, A.C. Bhaktivedanta Swami Prabhupada and has written words of of encouragements and praise in his letters to the editor of Radha-Krishna Prema. Furthermore the fact that our publication reproduced such extracts was made perfectly clear and public in an article titled "Vaisnava Readers Digest" that appeared in the International Society for Krishna Consciousness Ltd UK's Newsletter - "Nama Hatta - A Newsletter of the Vaisnava Community" No. 3 1993, page 7. Published by Amita dasa - Bhaktivedanta Books Ltd.

In 1993 a tape recorded message from ISKCON Ltd's Correspondence Secretary to Steve Jenkins the editor of "Radha-Krishna Prema" was received in which encouragement and praise was given for the publication.

Prior to the recent letter from ISKCON Ltd's GBC Secretary dated 18th September 1997, the last letter received from ISKCON Ltd was dated 13th January 1997 from Krpamoya dasa - Congregational Development in which he gave thanks for the receipt of our publication. Until the cease-and- desist request dated 18th September 1997 we quite fairly and implicitly assumed we had full permission to publish extracts from the works of the Founder of The International Society for Krishna Consciousness.

We shall forthwith cease-and-desist to publish copyrighted material from the works of the Founder of the International Society for Krishna Consciousness His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, and any copyrighted material owned by ISKCON Ltd.

We feel it prudent to note that we reserve our right to publish what may be considered "FAIR USE" and in the "PUBLIC DOMAIN"

We greatly regret our inability to continue bringing our readers the nectarean instructions of His Divine Grace A.C. Bhaktivedanta Swami as owned by ISKCON Ltd or the Bhaktivedanta Book Trust International under the threat of legal action.

We also feel it prudent to point out that considerable precedent exists in numerous independent publications such as ours that have reproduced Srila Prabhupada's instructions without any licensing or requirements for formal written permission.

In Paragraph 5 of ISKCON Ltd's letter it states;

"The Management Council of ISKCON therefore requires that those involved in the activities of "ISKCON As It Is" give an undertaking that:

(a) They will cease forthwith to use the name ISKCON in connection with their activities:

RESPONSE

We shall cease forthwith to use the name ISKCON in connection with our activities.

"(b) They will cease to represent that they are associated with ISKCON;"

RESPONSE

We assert that we have never at any time made the representation, nor shall we ever make any representation that we are associated with ISKCON Ltd the registered charity, ISKCON (UK) Ltd, ISKCON (SCOTLAND) Ltd, ISKCON (IRELAND) Ltd or ISKCON TRADING Ltd. However we assert that we were until the cease-and-desist letter dated 18th September 1997 members of an international society for Krishna consciousness. However we shall not represent ourselves as such using the trademark ISKCON , either directly or by inference, nor shall we represent ourselves as "The International Society for Krishna Consciousness"

"(c) That they will publish a statement explaining - they had no right to use the name ISKCON, they acknowledge that not only was it illegal to have done so but it was misleading for readers and they apologise to ISKCON and their readers for this behaviour."

RESPONSE

We strongly assert that we had every right to use the name ISKCON and that the right was implicit and fairly assumed until the cease-and- desist request was received on 18th September 1997. No illegal act was therefore committed and we forthwith cease-and-desist to use the name ISKCON, which is a legal trademark owned by ISKCON (UK) Ltd.

We had no intention of misleading or mis-guiding our readers or the general public. We apologise to anyone that may have felt that our use of "An ISKCON As It Is Publication" was misleading and request any such readers to contact us.

"The article should define ISKCON and their society."

RESPONSE

ISKCON is an international society for Krishna Consciousness founded by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, presently owned and governed by a General Governing Body Commission who have "ULTIMATE MANAGERIAL RESPONSIBILITY". In the United Kingdom it is represented by; ISKCON Ltd registered charity no. 259649, ISKCON (UK) Ltd, ISKCON TRADING Ltd, ISKCON (SCOTLAND) Ltd and ISKCON (IRELAND) Ltd.

The object description of The International Society for Krishna Consciousness Ltd.

U.K. registered charity no. 259649 - registered 16.10.69

reads:

"To advance, transmit, spread and propagate the religion of Krishna consciousness as revealed in the Bhagavad-gita and the Srimad Bhagavatam and the doctrines and observances to promote and manifest the said religion."

Our society can be defined as members of an international society for Krishna consciousness who are firmly committed to serving the eternal spiritual principles as laid down by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, under pure guidance, with or without the support of any worldly charity, institution or business corporation, with a view to expanding the sankirtan movement of Sri Krishna Chaitanya Mahaprabhu, individual development of krsna-prema and non-sectarian unity in the Gaura-parivara, the worldwide family of the devotees of Sri Krishna Chaitanya Mahaprabhu.

"(d) They will cease forthwith to publish extracts from the work of the Founder of ISKCON or to commit any other breach of copyright;"

See above.

"(e) They will cease forthwith to make unauthorized use of the registered trademark, ISKCON.

RESPONSE

We shall observe this quite explicitly.

"The article must be approved by the Management Council of ISKCON (UK) Ltd."

RESPONSE

Any power of approval by the Management Council of ISKCON Ltd is beyond our control.

In light of your cease-and-desist request may we humbly request on behalf of our readers and the general public that you now give precise clarification as to any criteria and as to what constitutes being part of ISKCON - the International Society for Krishna Consciousness, and what does not. This may aid us as well as others in avoiding any further misunderstandings

Vaisnava dasanudasa,

Syamananda dasa. (Stephen. R. Jenkins) Radha-Krishna Prema editor.

cc: Everyone that received; Radha-Krishna Prema - A Magazine for the Vaisnava Community Issue 11 - Autumn 1997

(end response by Syamananda)

To this date no response has been received by Syamananda from Sivarama Swami. However, Damodara das, a disciple of Sivarama Swami and former Temple President at Bhaktivedanta Manor, had some comments:

>I was disappointed to see your "ISKCON As It Is" publication - >"Radha-Krishna Prema". If you have a movement that is worth anything >in its own right why try to borrow someone else's name in order to >increase your authenticity. > >The fact is that ISKCON isn't some sentimental catch-all for anyone >claiming to be a follower of Srila Prabhupada. It is a Society >registered by Srila Prabhupada to distinguish it from other Gaudiya >movements (especially those trying to cash in on its success). It >has a specific structure as established by Srila Prabhupada which >includes a Governing Body Commission as its ultimate authority. If >you choose to do something other than follow the guidelines of the >GBC then what right do you have to call yourself ISKCON, you >cheapskates!?! > >Dd

In another e-mail, Damodara says:

>Your response to Sivarama Maharaja reveals your character to be full >of impropriety and deceit. How can you say with integrity that you >honestly had the impression that such a publication was approved by >ISKCON? ISKCON had made its position very clear regarding people who >choose to follow HH Narayana Maharaja. It appears to me that you >have simply tried to turn ISKCON's actions to your own advantage. >Well I, for one, hope that the directors choose to slam you for it.

Some further communication from Damodara das in response to Syamananda expanded on this last concept a bit:

Syamananda had written: "You may feel that I deserve a damn good kicking. If it makes you feel better kick away. Justice is a very high principal, but mercy is higher. Good is the enemy of perfect."

To which Damodara replied: I don't think that you need a kicking. I've said a few sharp words which I hope will cause you to examine your motives and consider others affected by your behaviour. Since people's conscience and integrity is weak in the age of Kali, it may take a few "monkeys on sticks" (i.e. law suits) to get other people misbehaving to stop and think. I would hope that it can be avoided - but not if there's no contrition or rectification. I think that the kind of mercy you're outlining has nothing to do with the spirit of Lord Caitanya. Misbehaviour should be corrected - look at Lord Caitanya's dealings with Junior Haridasa. That is also a manifestation of mercy - not this liberal hippie idea (that any nonsense should be tolerated). The rajarsis used to execute certain offenders - did that mean that they were not merciful. The principles of justice even at this stage of Kali are based on the principle of cause and effect and looking at who is wronging who. You have wronged ISKCON by your action. The directors are simply looking for your public admission of that and an apology. That will be good for your development of character. If you're not prepared to even do that, then maybe danda is all that will make sense to you. And I, for one,will applaud the execution of that justice. We live in a society made up of individuals all of whom have rights. That's why there are boundaries in place. Our respect for others is shown by our adherence to them - not that we trample all over people and when they get upset call on them to display "mercy" and call their character into question if they don't - meanwhile showing no remorse or even comprehension of the impropriety of our acts. Wake up!

(end excerpts)

It is difficult to represent both sides of this story fully, but we have tried to present the main issues here. Opinions from readers are welcome.

ISKCON is a registered trademark of the International Society for Krishna Consciousness, as incorporated in various countries and states.

Sivarama Swami may be contacted via e-mail at Sivarama.Swami@com.bbt.se, or

ISKCON (UK) Ltd. 2 St James Road Watford, Herts. WD1 8EA Tel: 01923 334063 Fax: 01923 238677

Comments may be addressed to Radha-Krishna Prema A Magazine for the Gaudiya Vaisnava Community c/o 54 Avon Place Kennet Side Reading, Berkshire RG1 3LA England

or e-mail: prema@buga.demon.co.uk

Sidebar on trademarks:

ISKCON is a registered trademark of the International Society for Krishna Consciousness, as incorporated in various countries and states. Any word that is not already in common use may be trademarked. ISKCON has been trademarked in various places, however it is not possible to trademark a phrase that has been around for a while such as "Hare Krishna" or "Caitanya" or "Gaudiya."

Typically, when trademarks are referred to the symbol (tm) is used (with the capital letters T and M in superscript). A footnote is usually included stating something like "ISKCON is a trademark of ..." This is done to provide some protection against anyone using such a trademark from lawsuits alleging trademark infringement.

An example of trademark infringement might be if someone made up a brown fizzy drink and sold it as "Coca-Cola." Coca-Cola is a trademark of the Coca-Cola Company. In theory, any use of such a trademark requires recognition of the owner. In practice, prosecuting improper use of a trademark would require demonstration of a number of factors, such as whether it was done intentionally and with an eye to profit at the expense of the legitimate trademark holder.

We have not heard any professional legal opinions on the ISKCON (UK) Ltd. vs. Radha-Krishna Prema allegations, but at least in the US, which is known for being a highly litigious society, it seems highly doubtful that any kind of civil case could be made.

Report by Agrahya das

CORRECTION 10/13/97
The article has incorrectly stated: " Damodara das, a disciple of Sivarama Swami and former Temple President at Bhaktivedanta Manor". The fact is Damodar das is a dsiciple of Bhakti Caru Swami and he is the current Temple President at Bhaktivedanta Manor. The VNN apologizes for the error to Damodara das.