Intellectual Property Rights are still to hit market to make people aware what they really are, and here is an example of Trade Mark Infringement. A Trademark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures.
A trademark is therefore a "badge" of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.A mechanism is now available to protect marks used in the service industry. Thus businesses providing services like computer hardware and software assembly and maintenance, restaurant and hotel services, courier and transport, beauty and health care, advertising, publishing, educational and the like are now in a position to protect their names and marks.
Sprite has come up with "Sprite Gully Criket Champs", and Radio City 91.1 the leading FM station is conducting "Radio City Gully Premium League". Both have come up with similar concepts to attract customers with similar names.
I really doubt if Sprite or Radio City 91.1 is using deceptively similar mark to get benifited using the word Gully Cricket. For a common person like me sitting home drinking Sprite and listening to soothing music from Radio City 91.1 FM would think that Radio City is a radio partner of Sprite Gully Champs competition's, but when I dig into the facts, I got to know that both are different cricket competitions. Radio City 91.1 is conduction Gully Premium Leage comptetion in different cities across India which is sponsored by Samsung India and Sprite is conducting its Gully Cricket Champs through out different cities in India under its banner. I really wonder if Sprite or Radio City 91.1 FM or Samsung India the sponsor of Radio City Gully Cricket League are not aware, if any Trade Mark Infringement is happening.
Before speaking about infringement, i wonder if Sprite or Radio City had registered their Trade Marks with Indian Trade Mark Office. If either of them have registered lets see how these big giants are goona settle their Trade Mark case.
A trademark is therefore a "badge" of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader. To be registrable in India it must also be capable of being represented graphically, that is, in words and/or pictures.A mechanism is now available to protect marks used in the service industry. Thus businesses providing services like computer hardware and software assembly and maintenance, restaurant and hotel services, courier and transport, beauty and health care, advertising, publishing, educational and the like are now in a position to protect their names and marks.
Sprite has come up with "Sprite Gully Criket Champs", and Radio City 91.1 the leading FM station is conducting "Radio City Gully Premium League". Both have come up with similar concepts to attract customers with similar names.
I really doubt if Sprite or Radio City 91.1 is using deceptively similar mark to get benifited using the word Gully Cricket. For a common person like me sitting home drinking Sprite and listening to soothing music from Radio City 91.1 FM would think that Radio City is a radio partner of Sprite Gully Champs competition's, but when I dig into the facts, I got to know that both are different cricket competitions. Radio City 91.1 is conduction Gully Premium Leage comptetion in different cities across India which is sponsored by Samsung India and Sprite is conducting its Gully Cricket Champs through out different cities in India under its banner. I really wonder if Sprite or Radio City 91.1 FM or Samsung India the sponsor of Radio City Gully Cricket League are not aware, if any Trade Mark Infringement is happening.
Before speaking about infringement, i wonder if Sprite or Radio City had registered their Trade Marks with Indian Trade Mark Office. If either of them have registered lets see how these big giants are goona settle their Trade Mark case.
