Friday, January 16, 2009

OSHO : a protected trademark in more than 40 countries

Amrit Sadhana

For more than 40 years both during his life and afterwards the Osho Foundations have always acted on Osho’s request to protect his name, his copyright and his work and will continue to do so. As part of this work Osho is now a protected trademark in more than 40 other countries around the world.


Recently the Patent and Trademark office in the US decided, in a trademark dispute brought against the Osho Foundation by a group of so called “Friends of Osho,” that the name Osho is generic and cannot be registered as a trademark in the United States.
Generic means that Osho is now in the same category as computers and tissues. This decision is appealable in the American courts. It is interesting to note that the same group, Friends of Osho, that brought the US action, and who today claims victory in the US action, is the same group applying to register “Osho” as a trademark in India for their personal business.


Osho Foundation’s main reason for applying for the Osho trademark is to ensure that Osho’s name would be used as a way of identifying his work. If this decision stands this will no longer be the case.


As the decision now stands anyone in the United States can use the name Osho in any manner they may choose. They may create their own meditations and call them Osho Meditations or even change any of Osho’s meditations as they wish. They may create and sell “Osho paintings” even if they are painted by someone else, or any manner of such things.


It is strange that the Foundation’s success in making Osho’s proposal available, including in the United States, was the source of the board’s view that Osho, in the United States, is considered generic.


This decision has no effect on Osho’s copyright which is protected by international treaties around the world. So, Osho Foundation’s efforts to make Osho available around the world will continue to expand exactly as is currently the case.

10 comments:

pantha said...

I notice that you are osho's public relations officer...this I imagine is a work to present and develop a good face for the public..the problem you have had here is not with the public it is with other sannyasins, you and the other management circle have driven wedges in the sannyas family that you could drive a bus through..basically through lack of communication 'failing to share and generally acting like a big bully.
you fall back on your disappointment and anger by attempting to celebrate the 40 countries that you have trademarked osho..well after the utter collapse of your case in america I imagine on appeal none of these other 40 countries will enforce your failed lawsuit.
To help you understand ..the people you dismiss as so called friends of osho are indeed friends and lovers of osho ..it's just that they disagree we you and your opinion.
osho is obviously a generic term and perhaps you should look at why you wanted it not to be..perhaps you will find the answer in the comments you make about the friends of osho attempting to do the same thing in India as you have just failed to do in america..
you accused them of applying to benefit their personal business!
you then put osho in the same category as computers and tissues .. well the truth is osho can never be categorised .. you look only at the negative ..and you moan about how people will paint osho pictures and create their own meditations ...
what about the positive that any loving sannyasin will be able (without your permission) to open any osho meeting house and share osho's message with anyone anywhere..yahoo.
you also mention that the case can be appealed...why you mention this I don't know ....the decision was so clear cut ..you and the team.. were even accused of lying!
there will be no appeal...
why is it strange that the foundations work has resulted in this outcome?
osho works through you ..it is not your work it is osho's work...it is more osho working irrespective of you and the management circle getting in his way.
As for the copyrights .. they are also being resisted in the courts...again not by strangers or the public but by sannyasins and friends of osho.
I call on you and the management circle to get out of your own way and stand down .you and the management circle are not needed...anyone can do the work ..it is not a job for life...let go ..allow others to enjoy sharing the work!
take yourselves off to the beach or wherever and go in ...meditate ..look for the place inside where you can allow all to be friends of osho and not as you accuse just ..so called friends...
regards.

infinite love said...

the next step should be
that all lectures from Osho should be released free.
in the net..for free download..

we should be happy if many people can find out who osho is
without having to buy his books or videos..

those people who run the business with copyrights have capitalized enough... almost 20 years..
ENOUGH IS ENOUGH!!!!!!!!!

hardly anone in this world knows what Osho said..

when he was alive he invested the money to build communes..
so the world comes to know mabout a better humanity..in a practial way..

where are the communes?

there are a few therapie centers here and there..
not much of a commune...

the truly enlightened people who could have gathered true followers
were banned from the resort
and in other oshoplaces
by stupid thirdrate powergreedy, moneygreedy socalled sannyasins in charge..

who betrayed osho and his work..
they are the same cunning priesthood like in all other religions..

and osho is not a religion,
but a religiousness, from which the whole world should benefit

in peace with herself
meera

pantha said...

beloved sadanda.
my comment here is an open letter to you and amrito ,jayesh,mukesh and anyone else that is a member of the management circle.I would appreciate it if you would bring it to their attention.
regards.

Osholover2000 said...

It's a pity that so called 'sannyasins' who are gleefully celebrating the trademark verdict are destroying Osho's work. Osho's request for his sannyasins is; keep me 24 carat gold.

Osho International Foundation are doing exactly the same. I admire their work and determination to stand in the fire and support Osho's work against all odds.

Just one visit to Pune's Osho International Meditation Resort will prove what I am saying.

pantha said...

in reply to osholover.
sheela thought that she was protecting osho's work and the management circle now think they are doing the same thing... they have fallen in the same trap.
Have they ever thought that Osho's work doesn't need protecting.. it takes care of itself.Osho delibrately left his work in the public domain so that no one group or person could dominate and control his work.
osho work is 24 caret and nothing will change that.
You are also ready to close your eyes and go in .. deeper and deeper until you reach that warm loving place where you can allow all people even if they dissagree with you to be friends and lovers of Osho.
regards.

playful said...

The question:
Is the decision going to help anyone wake up?
Who won with this court decision about the Osho trademark?

Sundari said...

Hi Sadhana,

It is great that you have this space for sharing so much about our Beloved OSHO!
We met in Puna 2weeks ago, and now I found myself again at home, struggling to find the balance between Work & Meditation…
Do you want to share some words about it?

Love & Hug

Sundari
(from Portugal)

Anuprada said...

For many years, I have been working on the editorial team of the OSHO Times magazine. Recently, I received many New Year messages containing Osho quotes, and I was extremely disturbed that people’s own comments were often in the middle, with no indication as to what came from Osho and what not. It indicated an enormous carelessness and unawareness of the layers of meaning in each word Osho says.

When I heard that the American courts had decided that Osho was a “generic term,” I was aghast. According to Merriam-Webster’s online dictionary, the word generic means “a. relating to or characteristic of a whole group or class,” or b. “being or having a nonproprietary name -- generic drugs” or c: “having no particularly distinctive quality or application -- generic restaurants.” Since it is the name that Osho used, I don’t see that Osho would fit into any of those categories.

I have understood that this court decision would mean that anyone, without any background or qualifications could twist Osho’s words in any way, and there would be no recourse to the law to prevent them.

I have heard sannyasins talk about freedom as a result of the decision: have they realized what an enormous responsibility that entails for them? The Osho International Foundations are doing their utmost to ensure that Osho’s words will remain as authentic and untainted as possible, so that future generations will be able to benefit from his vision exactly the way he presented it.

Has everyone understood that if this American court decision remains, it will mean that, in America, this gigantic work will be the responsibility of every single sannyasin? There will be no legal way to prevent any kind of misuse of Osho’s words.

Is every one of us equal to this task? Are we all aware enough to take it on in addition to the basic awareness we need to live our own lives? From what I have experienced, most of us have more than enough on our plates managing our own relationships, earning money and remaining centered in these times of stress, depression and crisis – where the media is bombarding us every moment of every day with news of aggression, war, terrorism, misuse of public funds…the list is endless.

More is the probability that, if we have not come to the Meditation Resort and/or meditated regularly for a long time, our own vision can be severely influenced, even crippled, by outside events. The worst thing is that this is very insidious; our minds are influenced by the terrible happenings in the world today without our being aware.

I would like to suggest to those who are critical of the work of the OSHO International Foundations to come to the OSHO International Meditation Resort for a longer visit to renew their meditation, their ability to be “in the world and not of it.”

Come and see for yourself the utmost care that is that is taken in the Multimedia department to ensure that Osho’s words remain 24-carat gold, that his vision is more and more accessible in its purity to everyone, no matter what their age or background. That everyone can partake of Osho’s wisdom, exactly the way he presents it, without any commentary or adulteration by anyone else.

pantha said...

beloved anuprada..
your understanding about the difference between trademark and copyright is close to zero...
and therefore your comments relating to the effects of this decision are limited..
your reply is more emotional than intellectual.. and from that aspect I kind of like it.
this is in no way a criticism ..I am guilty of it too..talking about things I know nothing about...
just let me say ... osho's words ... will be ok. they will remain 24 caret..even if all you guys there at the resort let go and walk out into the real world....and never look back.
other books written hundreds of years ago are still here totally ok..
although I have a report that books have and are being condensed and altered by whoever does that kind of thing at the resort...
and here is the quote..

"Osho was
particularly clear about maintaining the purity of His words.
Explicitly the Master had conveyed that no change was to be made in His
words and during one of His discourses had said, "Don't try to improve upon
it. Leave it as it is. Raw, wild, illogical, paradoxical, contradictory,
repetitive, whatsoever it is, leave it as it is!" Of late, it has come to
light that Message of Osho is being fiddled with! Books (The Book of
Wisdom) are being edited and changes made to suit the market.."

Osho's sannyasins are aware about the collective responsibility we all have to cherish and share osho's word......the idea that a kind of big brother protector is needed because sannyasins are incapable is ridiculous...
osho words take care of themselves...try it ..let go and allow whatever is cool...
the sky will not fall in..

firstly you talk about being in the world but not of it!
this is in conflict with your statement that for many years you have been working on the edit team of the Osho times..I am left wondering .. what do you know about living in the world? I'm assuming you spend a lot of your time in your secure meditative bubble ..
I would like to thank you for your invitation to come and recharge the batteries as they used to say...
and I would like to return it with an invite to you to bring your meditation to visit my world!

but criticism is ok ..its allowed!...it is really.!!!!.
I know that in the resort if you criticise you will be banned.. but in the real world discussion is part of growth.

you are a bit full of negativity about the world.......? you say.....

"From what I have experienced, most of us have more than enough on our plates managing our own relationships, earning money and remaining centred in these times of stress, depression and crisis – where the media is bombarding us every moment of every day with news of aggression, war, terrorism, misuse of public funds…the list is endless."

and you have nothing to good to say about the world......???

there is a lot of shit but there is just about an equal amount of good....so dont forget the positive!

you reject the opinions of sannyasins that live in the real world.. and say our views are crippled.....and say they need to come to the resort to renew their meditation.
sure its one of the issues ... staying in it but not of it....
its just part of our growth and completely cool ..there are a lot ...many many sannyasins living in the world that have no intention of coming to the resort and you and the management team would do well to be a bit more inclusive and take all considerations into account.

best regards .

niels said...

The sad thing is, that anything Osho you can find these days has a price tag on it, and usually a big one.

No communes, just therapy centers that focus largely on monetizing Osho's name and work.

I've heard before about the ugly infighting between various Osho groups, each claiming they are the rightful heirs.

All of you are despoiling Osho's efforts and memory, in order to get rich off his work.

A sad state of things indeed. Humanity will rejoice when the copyrights finally run out.

At least you've used some of the money to catalog and preserve his writings and recordings. But you could well take less for yourselves, and do more towards Osho's vision, (which went far beyond a big profit oriented publishing house.)