How to protect a name?

The Aurovile Express (sic), train 16116 – Pondicherry to Chennai Egmore, leaves Pondicherry daily at 05.35 to arrive at Egmore at 9.30. It returns as train 16615, leaving Egmore at 18.10 and reaching Pondicherry at 22.00 hours.

Though the official website of the Indian Railways calls the train the Puducherry-Egmore or Egmore-Puducherry Express, you’ll find the timings of the Aurovile Express (indeed, misspelt with one ‘l’!), on various website. Who coined it, nobody knows. But though it is flattering that a train would be named after Auroville – even if it is a very slow one – it is in fact improper.

For, since 1999, the name and symbol of Auroville are officially protected under the Emblems and Names (Prevention of Improper Use) Act 1950 which says that the use is prohibited except by the organisation to which the name or emblem belongs. This means that nobody in India is authorised to use them without permission from the Auroville Foundation.

Cases of unauthorised usage are rampant, as can be seen from a simple Google search. It is not just a local affair. All over the country, even in Dehradun, a city north of New Delhi, apartment buildings have come up that use the name Auroville. Evidently the name ‘Auroville’, in the mind of many people, is linked to ‘green’ and ‘beauty’, to something attractively unique. But they use it without any approval from Auroville.

What is being done about it? The Working Committee and the Secretary, Auroville Foundation have made considerable efforts in the past to resolve such incidents and an Auroville lawyer, Vinodhini, has been tasked to solve these matters. She found that most people are not aware of the name protection. Usually, she first engages with the person or organisation in an informal conversation. That is well-appreciated. She found that most people who used the name Auroville did so out of their love or regard for Auroville and that, once they understand the issue, people usually agree to an out-of-court settlement and cooperate fully to remove the name of Auroville from their establishment or website.

This approach, she feels, has more in common with the ideals of Auroville where we want to find mutually acceptable ways of resolving issues, rather than just imposing the law. If the other party refuses to properly respond, the issue is brought to court. Identifying and dealing with improper usage is quite a task. A group of six concerned Aurovilians called NASA (Name and Symbol of Auroville protection group) have now come together to help Vinodhini and spread awareness that the name of Auroville cannot be used without permission. Its immediate focus is the surrounding region, including Pondicherry. The group also scrutinizes the Internet to identify cases of new unauthorised usage, and invites the public to report improper usage to [email protected]

“Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or, any colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government.”

Schedule 23. The name and emblem of the Auroville consisting of two concentric circles; the inner circle is joined to the outer circle with five equidistant radial lines to form five petals; one of the radial lines is oriented vertically downwards. An inner dot is placed at the center of the symbol. he petals may be shaded in orange or any other colour, or may be unshaded. (Inserted by notification no. S.O.593 (E) dated 22nd July, 1999)