HC DB: No Commercial or Charity Organisation can use the name of State in its Title

  

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The Kerala High Court has held that Commercial or Charity Organisation can use the name of State in its Title.

A division judge bench of Hon’ble Chief Justice S. Manikumar and Justice Shaji P. Chaly of the Kerala High Court in the case of the inspector general of registration V Riyashudeen K. reiterated that the use of a particular State's name is prohibited not just for commerce or business purposes, but also for calling or profession, which is a highly inclusive and expansive term to include the use of the name for any establishment, regardless of its profit or purpose for being.

Brief Facts of the Case  

The factual matrix of the case is that the writ petition was filed by the respondents, who are the presidents, vice presidents, and general secretary of an unregistered association formed with the objective of promoting cricket among the deaf youth in Kerala. Further, they have challenged the refusal of the appellants to register their association in the name of ‘Kerala Deaf Cricket Association’.

The learned counsel for the petitioner contended that there is no law as such which will prevent them from using the name ‘Kerala’ in the name of their association. Further, it was also contended that the association should not bear any resemblance to the state/central government in view of the provisions contained in the Emblems and Names (Prevention of improper use) Act, 1950. 

The learned counsel for the respondent contended that there is no provision for naming a non- governmental organization after a State or Country because that name could be construed as a government organization. It was further contended that the writ petitioner’s association is a private body, that is desirous of engaging in the game of cricket, which can also be played for monetary compensation and benefit, and in such instances, directing the registering authority to proceed with the application, without adverting to the provisions of the Act, 1950 would result in illegality.

High Court's Observation

The court held that the intention and purport of the Act would be clear by making a reference to the statement of objects and reasons; the Emblems and Names (Prevention of Improper Use) Act, 1950 is constituted and the Rules, 1982 are framed, to prohibit the improper use of certain emblems and names, so as to deceive the public as if to appear that it is an organization belonging to the State. When we look at the purpose for which the Act is constituted, we are of the undoubted opinion that the name “Kerala” made as the prefix to the Deaf Cricket Association cannot be used, in view of the prohibitions contained in the Act, 1950 and Rules, 1982. In that view of the matter, we find force in the contentions advanced by the appellants.

 CASE NAME - The Inspector General of Registration vs Riyashudeen K.
CITATION- WA.251/2022\
CORAM- Hon’ble Chief Justice S. Manikumar and Justice Shaji P. Chaly

 

 

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