Gowri Manogari.S, B.E (CIVIL), LL.B, LL.M (IPR), Assistant Professor, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS)
ABSTRACT
Sports have long been a significant component of entertainment. Sports are becoming a part of business due to the continuous change and progress. The sports industry in India has grown through time and is now one of the most promising economic and leisure sectors. In India, cricket has long been regarded as a fantastic sport. The Indian Premier League (IPL), the most thrilling and well-known sporting event in India, and T20-20 are the two sports that are played there. These domestic sporting events are put on by the Board of Control for Cricket in India (BCCI), the country's official cricket regulating body. In the cricket competitions held in India, the BCCI has established its trademarks. The Indian Premier League is one of BCCI's most well-known and profitable events, and the name and logo have both been registered (IPL). IPL's trade name and logo have been misused several times.
The online gaming provider rediff.com was sued by BCCI in 2008. As the Indian Fantasy League (IFL) trademark and logo were similar to BCCI's Indian Premier League (IPL) trademark and logo, BCCI filed a complaint for trademark or domain name infringement. IFL is not permitted to use the name and logo, according to the High Court of Madras, as doing so would constitute trademark infringement.
Yet another instance of the same issue. Grace Sports Pvt Ltd (GSPL) was sued by BCCI for trademark infringement in 2018 for using the "Indian Junior Player League Twenty 20" trademark and the domain names www.ijplt20.com and www.juinorsipl.com. In addition, BCCI sued GSPL for hosting an IPL for juvenile cricketers between the ages of 14 and 18.The "IPL" trademark of BCCI is protected by the Bombay High Court, and GSPL is not allowed to use it in any way. Not only are trade names and logos violated, but also the names of famous people who have trademark registrations. Celebrities trademark their names or last names as a domain name component. In addition to having their name or fame exploited unlawfully, celebrities, particularly athletes, also have their fame and popularity as intellectual property rights.
In the case of Sourav Ganguly v. Tata Tea Ltd, the well-known former cricketer and captain of team India learned that the well-known tea company that hired him as a manager was profiting by giving customers the chance to congratulate him on his accomplishments after he returned to India following a successful session at Lords. The offer suggested that he had partnered with advertisements, which he had not done. He objected to this conduct and was successful in reaching a peaceful resolution. His popularity and notoriety are his intellectual property rights, the court found.
