Punjab and Haryana High Court, Chandigarh. 
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Why this sudden surge of religious sentiments? P&H High Court on PIL against use of Shivling symbol as trademark

"You are being over sensitive," the Court told the petitioner.

Bar & Bench

The Punjab and Haryana High Court on Friday declined to entertain a Public Interest Litigation (PIL) petition related to the commercial use of a Hindu religious symbol Shivling by a private company as a trademark.

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry remarked that the petitioner was being over sensitive about the matter.

"Why are you being so sensitive about these things? I never noticed it. For years, it is coming ... why this sudden surge of religious sentiments. You are being over sensitive," Justice Nagu remarked.

Chief Justice Sheel Nagu and Justice Sanjiv Berry

The petitioner Meghna Khullar approached the Court against the commercial use of the religious symbol by the private company as a trademark.

However, the Court said there is an appellate forum to deal with such issues of trademark or copyright.

"These brands have their logos, those are protected under certain laws... Your remedy lies elsewhere," it said.

Additional Solicitor General Satya Pal Jain told the Court that the Central government authorities have already asked the petitioner to provide information related to the alleged commercial use of sacred Hindu symbols on the packaging of medicinal and consumer products but the same has not been provided.

The Court then recorded that the petitioner has already filed a complaint before the relevant authorities and the grievance is being looked into.

"Therefore, this Court would not like to come in the way of said process of consideration... In view of the above, the present petition stands disposed of," it ordered.

The Court granted the petitioner a liberty to move the Court again in case the grievance is not redressed.

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