A Dispute Over the Not-So-Holy Prasada

Source: www.azcentral.com

[Hindu Press International note: According to the Mounier-Williams Sanskrit dictionary, Prasada means "Clarity, brightness; grace." It is often used to signify food offered to the Deity or the guru, or the blessed remnants of such food, or any propitiatory offering.]

ARIZONA, U.S., February 5, 2010: A Sanskrit word meaning “gracious gift” or “clarity” has resulted in anything but for two Surprise business entities. A doctor who recently opened his first practice, Prasada Pediatrics, is involved in a trademark-infringement dispute with Westcor, the developer of the master-planned community of Prasada.

Dr. Brian Lawrence Young, whose wife’s mother is Buddhist, said he chose the name for its Sanskrit meanings. He established Prasada Pediatrics as a limited-liability corporation last April and opened for business in mid-January.

On Jan. 27, an attorney representing Westcor sent a cease-and-desist letter to Young, raising the issue of trademark infringement. The letter stated that the Prasada brand was important to Westcor and Surprise and that the company had a duty to “eliminate any likelihood of consumer confusion.”

“With trademark law, the key question is: Who began using the name first? ” said Jennifer Van Kirk, a partner with the Phoenix law firm Lewis and Roca who specializes in intellectual-property law. “From a legal perspective… even purely innocent infringement is still infringement.”