Osho Trademark Digest The story so far
Most of this information is from Osho World -please note this information is solely about the Osho Trademark Issue. Dont get this confused with the copyright issue which is a separate matter.
After Osho left his body in 1990, efforts could arguably be seen to monopolize and own Osho’s work, Osho meditations and “Osho”, though some have argued that whilst Osho was alive a monopoly also existed in one way or the other.
For approximately ten years, starting in 1992, Osho International Foundation (OIF), Zurich filed applications with the United States Trademark office to register marks for the word “Osho”, Osho’s meditations, and other things related to Osho such as one version of His signature. In doing this, OIF, Zurich claimed to own and control “Osho”, Osho’s meditations, and all of Osho’s work.
January 19, 1990 - Osho leaves his body
April 25, 1990 – Rajneesh Foundation in Poona changes its name to Osho International Foundation, registered in Bombay. Later Rajneesh Foundation Europe also changed its name to Osho International Foundation, OIF. So there became two different Foundations- one in India and the other in Zurich with the same name.
July 1, 1992 – OIF files trademark application in USA:
“Osho” under the category of Books and printed materials for education purpose in the field of religion and philosophy
1997:
March 17 – OIF files two more trademark applications in USA:
“Osho” under the category of pre-recorded audio and video tapes in the field of education, religion, philosophy and science
“Osho” under the category of providing religion, philosophy and science information via a global computer network
December 29 – OIF files one more trademark application in USA:
“Osho” under the category of books and printed materials for education purpose in the field of religion and philosophy
Between 1999- 2001:
OIF files seven more trademark applications for various meditations:
Osho Active Meditations
Osho Nadabrahma Meditation
Osho Kundalini Meditation
Osho Natraj Meditation
Osho Gourishankar Meditation
Osho Zen Tarot
Osho Transformation Tarot
Osho Meditation Resort
Osho Multiversity
Osho Times
March, 2000:
Based upon its claim to trademarks and copyright ownership, OIF, Zurich launched a legal action against Osho Dhyan Mandir, New Delhi, in an effort to prevent them from using the word, “Osho” in the domain name www.oshoworld.com. The Arbitrator M. Kellery Tillery Esquire gave the verdict on July 28, 2000 and decided in favor of Osho Dhyan Mandir.
http://www.oshofriendsinternational.com/index.php?option=com_content&view=article&id=61&Itemid=116
http://www.arbitration-forum.com/domains/decisions/94990.htm
November, 2000 – Osho Friends International (OFI) files a petition to cancel the trademarks.
January 2, 2001 – OIF files a motion to dismiss the notice of opposition filed by Osho Friends International (OFI)
The grounds of opposing the trademark applications were :
OIF attained trademarks by misrepresenting the facts before USPTO.
Osho being a generic word cannot be trademarked.
Meditation is in use since centuries so cannot be trademarked.
January 13, 2009:
The verdict given by United States Patent and Trademark Office (USPTO), on 13 January 2009, said that Osho and His works cannot be trademarked.
http://www.oshofriendsinternational.com/index.php?option=com_content&view=article&id=68&Itemid=125
2010:
In December 2010, Osho Lotus Commune, Cologne, Germany filed a request in the Trademark Registry of EU in Alicante, for Declaration of Invalidity of “OSHO” trademark that was registered by Osho International Foundation (OIF), Zurich.
Swami Ramateertha of Osho UTA, Cologne shared with Osho World online magazine that from the very start after Osho’s leaving the body in 1990, there was a meticulous strategy to establish the Osho trademark, not so much to control the outside world but to control the Osho centres and the meditation techniques in his view to make money. Ramateertha sees this basically as a device to keep control of the centres and also to make money. With the centres they also really wanted to make sure that they have a say and control over centres in different countries. This was allegedly being done under the name of trying to keep Osho’s vision 24 carat gold.
It is interesting that for seven years after Osho left His body, there was never ever any talk about the trademarks, then suddenly appeared the letters of understanding to centre leaders from OFI, and many people subsequently decided not to open up Osho meditation centres because they did not want to sign those agreements. So basically, accepting the trademark for a centre means being under the control of the central authorities. Of course it is sometimes forgotten that no centre leader would have disobeyed any edict from Pune or Oregon whilst Osho was alive!
So Osho Uta Koln, was sending money to Pune? Really? Uta’s hard earned profits from daily dynamic and kundalini were being sent to support the rich lifestyle of Mr Jayesh in Pune. Really?
When I worked in Osho centres in the 80s and 90s there was a massive book of rules, albeit we did not sign anything.
If there is no control over the mark “Osho”, then anyone can create any bodymind technique and call it an Osho technique. Then a newcomer who wished to do an Osho meditation, would not know if was doing a meditation carefully devised by Osho or something else created by someone to make a quick buck.
Alok, I have read what you say and I find I take exception to all 3 paragraphs.
Where in this piece does it say that Uta Cologne was sending money to Pune. And as this is something that you do not seem to believe is true anyway, why throw in this bit about it being to support Jayesh’s life style.
I lived in an Osho commune for 4 years – I was not aware of having to comply with a massive book of rules. There were ‘rules’, most just framed up a particular way of living. but massive book, no!
Its been over two years since the trademark ruling in America and as far as I know, no ones done what you say. Do you know of any instances were its happened?
Hi Dharmen,
First paragraph….
Ramateertha says twice that in his opinion since 1990, Pune wants to control the centres to make money. I would have thought a newcomer reading this would infer that Uta was sending its profits to Pune, something I doubt. For one thing the sort of money made by UTA is going to be “chicken feed” in comparison to the costs of running Pune. Okay the bit about Mr Jayesh was a bit rhetorical, stating what some people seem to believe.
I think it is more likely that Pune loses income from restricting the use of the mark “Osho.” In the 90s there was Osho Tibetan Pulsing which was popular in Pune; and Sarita’s tantra groups. My understanding is Pune stopped these partially because the techniques were not created by Osho. So they lost this income.
Second paragraph….. I worked at Osho Purnima, Kentish Town, from about 87 to 91. There was a big file of rules for an Osho Meditation centre. The rules about AIDS tests were onerous. We could show someone round the centre without a HIV negative certificate. But if someone wanted to do a single kundalini they had to show a HIV negative certificate. We obeyed this rule. Ask Prabuddho. Okay, we did not take the file of rules too seriously but it was there in the background. I remember at least one phone call from Pune to check that we were more or less compliant. As far as I recall, we were allowed to do the standard Osho meditations and White Robe and sell books and tapes etc, and not much else. It was really quite restrictive.
Third paragraph
Okay, as to the third paragraph, I take your point.
But…
There is a man in India who calls himself Osho Rajneesh. He has written his own book. A newcomer could easily confuse him with the real Osho. Okay, I do not know his motivation. Maybe it is not to make a quick buck. But I think it is highly suspicious he uses this name. If this man was in Europe where the trademark stands, use of the mark “Osho” could be stopped.
For a while at least, the Dehli centre used an early version of dynamic– “old is good” Indian conditioning. If Osho had wanted this early version of dynamic to be used, that is what would have been offered daily at Pune 2 from 87 to 90 when he was still in the body.
And who knows what will happen down the line as the years pass?
Alok, I’m not too sure where we going with this, as part of what Ramateertha is saying, is that Poona was exerting control over the centres. I don’t think many would disagree with that. I don’t know what his take is on how that would make money. I don’t think anyone was paying a license fees to use the trademark.
Its well known that the European centres contributed vast sums of money during the Ranch Period. Medina was regularly milked dry, but on the other hand most of us believed in the vision for Rajneshpuram and the communes were willing contributors. But this is really a different time period to this trademark issue.
As for the rules, I’d almost forgotten all that Aids stuff. Yes, some of that was way over the top but in the early days, when those edicts where first issued, little was known about how Aids could spread and the original instructions did come from the man himself. How much was added later I don’t know.
Even so, I never really felt constrained by any set of rules.
I’m not too sure what your trying to say, as on one hand, you seem to be against the controlling influence of Pune and on the other you are for them enforcing a trademark on Osho.
Dharmen,
With the information I have to hand I support Pune re trademarks.
I just want to say that the whole question of what is Osho’s work is very delicate. If you believe there is such a thing as raising awareness, then you have to make a judgement as to whether a particular sannyasins’s work is about raising awareness. I think it is possible to create a bodymind technique that reduces love and awareness. And some of the best people to decide this are those with lots of experience in Pune.