GOENKARANCHO EKVOT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Society, which claims to be working for and on behalf of the people of the State of Goa, has filed the present Writ Petition under Article 226 of the Constitution of India, praying that the respondent Union of India be directed to enforce the provisions of the Emblems And Names (Prevention of Improper Use) Act, 1950 against the use of the name of 'Goa' in relation to Gutka, Pan Masala or any other similar product; and further the respondents, and particularly respondent No. 3, be directed to quash and cancel the registration of the trade mark; and they be restrained from using the said expression as part of their trade mark.

(2.) Respondent No. 4 is dealing in food products, while respondent No. 5 is an organisation and is the owner of the Trade Mark "Goa 1000 Gutka", which is being used to promote harmful product in a manner which is contrary to law and against larger public interest. Respondent No. 4, amongst others, is engaged in the business of manufacture and sale of Gutka, including "Goa 1000 Gutka". According to the petitioner, the said goods are being marketed and sold openly in the entire territory of Goa, which is spread over an area of about 3701 square kilometres. It is also their contention that the word 'Goa'is derived from the Mundari word 'GoanBab', meaning "inclined ear of paddy". This expression is an expression of prestige for the residents of Goa, and the name of the product instantly invokes images of 'Goa' in the mind of people. Respondent Nos. 4 and 5 cannot use the said trade mark/name and cannot infringe the provisions of Section 9 of the Trade Marks Act, 1958 as well as cannot use the word of the State 'Goa' as it is prohibited under Section 3 of the Emblems And Names (Prevention of Improper Use) Act, 1950.

(3.) The petitioner had filed a petition in the High Court of Delhi at New Delhi, being C.W.P. No. 7191 of 2002, which was disposed of vide order dated 12th November, 2002, which reads as under: