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2007 Supreme(Raj) 2382

MOHAMMAD RAFIQ
Sant Ganpat Ram – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Petitioner (Present in person).:Sant Ganpat Ram, Advocate.

JUDGMENT

1. - Petitioner, who has appeared in person. has filed this writ petition. with the prayer that respondents No. 3 to 9 be retrained from using the names and images of Gods and Goddesses as brand/trade name on their products. The petitioner has argued that such names and images printed on different packages of the aforesaid products are thrown into the dust-bin and eventually form part of the garbage which hurts the sentiments of a large number of people who hold such Gods and Goddess in great reverence.

2. Having heard the petitioner who is present in person and perused the material forming part of the record, I find that rather than approaching this Court directly, the petitioner should better approach the authorities constituted under the Emblems and Names (Prevention of Improper Use) Act, 1950 (hereinafter referred to as 'the Emblems Act') and the Trade Marks Act, 1999 (for short, 'the Act, 1999').

3. Section 3 prohibits improper use of emblems and names specified in 5 the Schedule of any colourable imitation thereof without permission of the Central Government or officer authorised in this behalf. Section 4 prohibits registration of certain companies etc. or registration





















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