P&H High Court Declines PIL on Use of Shivling as Trademark
Court Says Petitioner Over-sensitive; Directs Redressal Through Trademark Authorities
The Punjab and Haryana High Court has declined to entertain a Public Interest Litigation (PIL) challenging the commercial use of the Hindu religious symbol “Shivling” as a trademark by a private company. The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry remarked that the petitioner was being over-sensitive about the matter, questioning the sudden surge of religious sentiments around the issue and noting its longstanding presence.
Petitioner Meghna Khullar sought to prevent the use of the sacred symbol on packaging, but the Court pointed out that trademarks and copyrights are governed by dedicated laws and appellate forums set up to address such grievances. Additional Solicitor General Satya Pal Jain informed the Court that authorities had already requested relevant information from the petitioner about alleged commercial use, but she had not provided the requisite details.
Recording that the petitioner had initiated a complaint before the competent authorities and that her grievance was being considered, the Court said it would not interfere while the process was ongoing. However, it left open the option for the petitioner to approach the court again if her concerns were not adequately addressed. This decision underscores judicial restraint in intervening on commercial uses of religious symbols, instead directing redress through established trademark law mechanisms.