ABSTRACT
In this case critique, an attempt is made to evaluate the issue of the intersection of the trademark with religious names in India in light of sec 9(2)(b) of the Trademark Act, 1999 (hereinafter referred to as ‘the Act’) and in the backdrop of the Supreme Court decision in Lal Babu Priyadarshini v Amritpal Singh, wherein the court deliberated on the issue as to whether the name of a religious book can become the subject matter of monopoly for an individual or not. The study analyses the decision and few relevant judicial precedents on this subject to provide more clarity with respect to trademarking religion and religious names in particular. Before the concluding para, the author has tried to bring new thoughts in the form of alternative interpretations of the original case, that this case left unanswered.
Sharma, Sparsh, Can God Be Trademarked? – A Critique of Lal Babu Priyadarshini v Amritpal Singh (May 3, 2021). https://www.ijlmh.com/wp-content/uploads/Can-God-Be-Trademarked-A-Critique-of-Lal-Babu-Priyadarshini-v.-Amritpal-Singh.pdf.
First posted 2021-05-15 10:00:40
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