2006 Supreme(Raj) 3027
S.N.JHA, MOHAMMAD RAFIQ
Dr. Sonam Bishnoi – Appellant
Versus
Union of India – Respondent
Advocates:
For the Petitioners:Rajendra Mehta, Advocate.
JUDGMENT
1. - This writ petition in the nature of public interest litigation has been filed seeking direction (a) to prohibit the use of name and/or emblem of Baba Ramdev Pir of Ramdevra, Rajasthan known by names 'Baba Ramdev', 'Ramdev', 'Shri Ramdev Maharaj' by issuing notification under Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 (in short 'the Emblems Act) and Section 23(1) of the Trade Marks Act, 1999; (b) to cancel the trade marks containing name/emblem of Baba Ramdev Pir in different names from the Register of Trade Marks, and in future, not to grant registration to any such trade mark under Section 9(2)(b) and Section 57 of the Trade Marks Act; (c) to register complaint for using of name/emblem of Baba Ramdev Pir on pornographic sites and (d) to take action-civil and criminal-including action under Section 95 of the Code of Criminal Procedure for preventing the misuse of the emblem and name of Baba Ramdeo.
2. It is said that Baba Ramdev Pir has substantial following among different communities in the northern and western states of India. He was a social and religious figure and a warrior saint and is regarded as a 'folk deity', and a Kalki Avatar
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