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"I
want my sannyasins to inherit my freedom, my awareness, my
consciousness. And each sannyasin has to be my successor, has to
be me. There is no need for anybody to dominate. There is nobody
for anybody to dictate to. They are on their own. If they want
to be together they can be together. Out of their own freedom,
it is their choice and their decision. If they want to move free
they have all the rights to move free."
Osho
The Last Testament Vol-2

In the past few years there have been attempts to monopolize
the legacy of OSHO.
Words in the form of Books
and Discourses
of Our Beloved Master are being copyrighted and in U.S. and
other parts of the world. This copyright and trademark regime
has been extended to the Master’s Enlightened Art i.e. His unique
signatures and even to the Meditation Techniques that
he has devised. An Enlightened Mystic of the 21st century, Osho’s
message is for the benefit of humanity and therefore should
essentially be in the free domain, and available to the world
without being fettered by copyrights and trademarks.
The
extent of the trademark and copyright regime can be comprehended from the
various legal cases and threats imposed on meditation centers and Osho
lovers for using the term Osho. One example of such a monopolization of
Osho is the Osho Dhyan Mandir Case. In the year 2000, Osho International
Foundation (OIF), a
Zurich
based organization filed a litigation in National Arbitration Forum (NAF -
American Court of Arbitration whose jurisdiction is internet related
conflict) against Osho Dhyan Mandir(ODM) based in
Delhi
, for using the term Osho in their website. Claiming to be rightful owner
of Osho and His works and calling upon the registered trademarks and
servicemark OIF pleaded for the transfer of the domain name oshoworld.com
from Osho Dhyan mandir to OIF. ODM in its strong response pointed out the
fact that Osho is not a valid trademark for materials by or
regarding Osho and with support of evidence proved that OIF had committed
fraud on the Patent and Trademark Office by misrepresenting facts. ODM
maintained that as followers of Osho, ODM has an internationally
recognized right to use the term Osho. ODM also pointed out
that OIF’s defective registrations of trademarks needs to be judged
whether the marks at issue actually serve as trademarks. NAF decides in
favour Osho Dhyan Mandir to retain the domain name oshoworld.com.
The Arbitrator observed that “ To grant OIF’s request for relief would
be to permit virtual monopolization on the Internet by Complainant of any
domain name which includes the name of a great spiritual teacher and
leader. While making no judgment on the relative merits or validity of the
world’s religions or spiritual movements or any leader thereof, this
Arbitrator finds that permitting this would be as improper as doing the
same with Christianity, Judaism, Islam, Zorastrianism, Hinduism, Buddhism,
Taoism, Confucianism, Shintoism or any of the several hundred other of the
world’s religions and/or spiritual movements.”
Click for details of
the case.
In
the process of the legal battle that ensued between OIF and ODM over the
domain name, the fact that Osho and His works are being registered as
trademarks in the
United States
and in some other parts of the world concerned all Osho disciples,
lovers and friends and Osho publishers. To voice the concern of all Osho
lovers and friends, an international platform was needed. Osho Friends International (OFI) was formed with the objective to resist such efforts to grossly commercialize, control and monopolize the vision of Osho. The effort is to assert that nobody owns the trademark of the name Osho. Mystics like Buddha, Jesus, Heraclitus, Lao Tzu, Dogen, Nansen, Basho, Jelaluddin Rumi, Kahlil Gibran, and Kabir are not brands or trademarks neither their writings are copyrighted. Osho being a link in the long chain of enlightened individuals, who have tried to raise the consciousness of humanity, cannot be trademarked nor his discourses, meditations and music copyrighted by anyone. Supported by several meditation centers and friends of Osho from all over the globe, Osho Friends International is an effort to share the legacy of Osho with as many people as possible, without payment of royalties or copyright charges so that a few people do not hijack this invaluable heritage. Message of Osho is for the mankind. In many of His discourses he has specifically mentioned that there should be no copyright on His words and that the purity of his message is to be maintained.
With
these objectives, OFI proceeded to legally oppose the registration of Osho
trademarks and servicemarks and also to have the existing registrations
cancelled.
Click here
to see the list of trademarks on Osho registered at United
States Patent and Trademark Office
On
November, 2000, OFI filed its first notice of opposition challenging the
application of OIF to register the servicemark of Osho Active Meditations.
OFI pointed out that the mark applied for registration is generic. Calling
upon Section 2(e)(1) of the Lanham Act, OFI pointed out that the term Osho
is merely descriptive when used in connection of the services listed in
OIF’s application as the term Osho is an apt and common term used to
describe services and activities related to the teachings of Osho. The
mark applied for is the name of a famous spiritual mystic, namely, Osho,
and is primarily a surname not registrable under Section 2(e)(4) of
the Lanham Act. OFI pointed out OIF’s lack of evidence to
prove ownership rights and also that OIF has committed fraud on the
trademark office by not disclosing the fact that Osho is the name of a
well known spiritual mystic.
On
December, 2000, OFI filed another petition to cancel the trademarks
registered under Registration No. 1,815,840 for Osho (education books and
printed teaching materials in the field of religion and philosophy),
Registration No. 2,174,607 for Osho (providing religion, philosophy and
science information via a global computer network), Registration No.
2,180,173 for Osho (prerecorded audio and video tapes in the fields of
education, religion, philosophy and science) and Registration number
2,322,901 for Osho Rebalancing (books and printed materials for education
purposes in the field of religion and philosophy). Introducing OFI’s
stand on the cause to facilitate the unrestricted spread and study
of Osho’s teachings OFI pointed out in the petition that OFI members
include individuals and meditation centers in the United States that study
and spread the teachings of Osho and use the terms “Osho” and “Osho
Rebalancing” in connection with services and activities similar to those
covered in OIF’s registrations and that the registration of the marks
damages and will damage OFI and OFI members. And also that the OIF
registered marks do not function to identify OIF’s goods and services
and distinguish them from goods and services offered by others.
Osho
Friends International
- History
Sannyasins and Osho friends across the globe are disturbed over the attempts being
made by a few people to control and monopolize the legacy of Osho for
commercial benefits. An international platform was needed to voice the
concerns of these individuals. Osho Friends International was born in New
Delhi, India in June 2000. It is a collective effort to oppose and protest
against the vested interest of some people to turn Osho into a commodity.
Osho Friends International is a communion of Osholovers who have joined
hands to proclaim that Osho is nobody’s copyright but everybody’s
birthright.
In
this endeavour, OFI is supported by Osho Friends Europe, Osho World
Foundation in India, and several other meditation centres and individuals
all over the world. The year 2001 witnessed the victory of Osho Dhyan
Mandir in the OshoWorld.com
case. Osho Dhyan Mandir, an Osho Meditation Centre based in New
Delhi, India had to face litigation for using the name of Osho for its
website since Osho is a registered trademark of an organization based in
Zurich. This is as ridiculous as intolerable and must be opposed. Osho is
not an author but a mystic; a mystic whose words are for the
transformation of human consciousness and therefore should be available
freely and widely.
Legal
Status
Osho
Friends International is a Trust created in India under the provisions of
The Indian Trust Act 1882, registered with Sub-Registrar on 07/06/2000
with the following primary objectives:
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·
To bring the teachings of OSHO in public domain freely
accessible to each and every human being in the world
· To give training and education as regards the various
systems and techniques of dhyan (Meditation), including
Yoga or to arrange for such training and education through
one or more means considered suitable for the purposes
· To disseminate and spread the messages and preaching of
OSHO and of the several spiritual masters and teachers of
the world including Buddha, Mahavira, Nanak, Kabir through
all available means
· To inculcate and promote a total, human, Self-reliant
and rational outlook on life
· To do all such other lawful things and activities which
are necessary for Nation Development and Social
Welfare |
What
is OFI doing?
Osho Friends International is committed to the cause of bringing
Osho in free domain so that the message of the Master is available
freely and extensively. Osho wanted His message to spread throughout
the world and encouraged His Sannyasin publishers to publish His
books. No royalty was ever demanded or permission sought for
publishing these books. 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.
Meditation
Techniques devised by Osho for instance Kundalini
Meditation,
Nadbrahma
Meditation,
Active
Meditations
have been trademarked in the U.S. while for some other techniques;
trademark has been applied for, with the United
States Patent And Trademark Office (USPTO).
As Osho himself has said, "You don't understand what meditation
is. It is nobody's belonging, possession. You cannot have any
copyright. Perhaps if your country gives you trademarks and
copyrights on things like meditation, then it will be good to
have a copyright on stupidity. That will help the whole world
to be relieved... Only you will be stupid and nobody else can
be stupid; it will be illegal." It is quite clear then,
that He was neither interested nor intended that His discourses
and meditations be copyrighted or trademarked.
Osho
Signatures also known as Enlightened Art are also being targeted for trademarks. This
attempt to commercialize each and everything related to Osho is extremely
agonizing for Osholovers all over the world.
In
the past few months OFI has filed petitions for the cancellation of
existing trademarks and copyrights on Osho, His Books, Meditation
Techniques and Enlightened Art in U.S. It has also sought to cancel the
applications pending for trademarks on Osho. Progress
made shall be reported here and other websites.
For
the latest news, happenings, check out our UPDATES
section
Become
a member of Osho Friends International to support us in our efforts to
keep Osho in the free domain,
Click
here to Join
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