The Delhi High Court on Wednesday sought a response from the Board of Control for Cricket in India (BCCI) regarding a trademark infringement plea filed by the renowned children’s magazine Champak.
The petition claims that the IPL’s use of the name “Champak” for its AI robot dog violates the magazine’s trademark rights.
Court Directs BCCI To Respond
Justice Saurabh Banerjee, during the hearing, observed that Champak had been an established brand for decades and directed the BCCI to submit its written statement within four weeks. The court scheduled the next hearing for July 9.
The petition was filed by Delhi Press Patra Prakashan Pvt Ltd, the publisher of Champak magazine since 1968. Advocate Amit Gupta, representing the publisher, argued that the naming of the robot dog “Champak” amounted to trademark infringement, as the name is a well-known, registered mark. Gupta added that it also constituted commercial exploitation of the Champak brand.
BCCI’s Defense
BCCI’s counsel, senior advocate J Sai Deepak, countered that “Champak” is a common name for a flower, and people would likely associate the robotic dog with a character from a TV series rather than the magazine. Deepak also pointed out that the name was not unique to the magazine, which the court took into consideration during the proceedings.
Judge’s Observations
The judge raised an interesting point during the hearing, referring to cricketer Virat Kohli’s nickname “Chiku,” which is also a character in Champak magazine. He questioned why the publisher did not take action against Kohli’s use of the name.
The plaintiff’s counsel argued that the IPL is a commercial venture engaged in advertising and marketing, making the use of Champak’s trademark by the cricket league significant in terms of potential infringement. The matter is set for further hearings in July, with the BCCI expected to file its response by then.
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