S.N. Jha, MOhd. Rafiq, J. - (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 i.e. incarnation of God. It is said that in total disregard of the feelings of millions of his followers, name/emblem of Baba Ramdev is being used as trade mark in different commodities and services including beer, living animal and animal products, gutkha, tobacco, cigars & cigarettes, foodstuff, animal feeds, edible oil, agricultural, horticultural & forestry products, spices etc. Representations have been made by petitioners and others for inclusion of his name and emblem in the Schedule to the Emblems Act but without any result. It is said that by including the name/emblem of different organisations and individuals, the Central Government has prohibited their use. Having regard to the sentiments of his followers, the name/emblem of Baba Ramdev Pir should also be included in the Schedule.
(3.) Section 3 prohibits improper use of emblems and names specified in the Schedule or any colourable imitation thereof without previous permission of the Central Government or officer authorised in this behalf. Section 4 prohibits registration of certain companies etc. or 'registration of a trade mark or design, or grant of patent bearing any name/emblem if the use of such name or emblem is prohibited under Section 3. Section 8 empowers the Central -Government to amend the Schedule. For the sake of ready reference, above-mentioned Sections may be quoted as under : "3. Prohibition of improper use of certain emblems and names.-Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorised in this behalf by the Central Government.;