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First Use in the Marketplace

First Use in the Marketplace Osho International Foundation, Zurich (OIF), claims that it has used Osho as a trademark since 1989, but in the US, at least, most of the uses of “Osho” by OIF referred to the person Osho (i.e. as the author of a book or speaker in a recording) or used Osho generically to describe products or services related to the teachings of Osho. In the US case OIF attempted to use products designed after the case was filed in 2000 as evidence to prove trademark use, but only products from 1989–90 or the very early 1990s would be relevant to use of “Osho” as a trademark. If OIF did not begin using “Osho” as a trademark until 2000, any rights it once might have had were already abandoned before that trademark use began. In the...

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