ICC DEVELOPMENT INTERNATIONAL LTD Vs. ARVEE ENTERPRISES

JUDGEMENT

(1.) This order will dispose of plaintiff's application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 {for short "CPC"} for temporary injunction restraining defendants from publishing any advertisement associating themselves with the plaintiff and the "Cricket World Cup" in any manner whatsoever, passing off plaintiffs indicia and the marks ; and indulging in unfair trade practice misappropriating its publicity rights. The challenge is to the sale promotion campaign by the second defendant offering Cricket World Cup tickets as prizes, using the slogans "Philips : Diwali Manao World Cup Jao" and "Buy a Philips Audio System win a ticket to the World Cup", inserting a pictorial representation of a ticket with an imaginative seat and gate number saying "Cricket World Cup 2003."

(2.) Facts in brief are : the plaintiff-ICC Development {International} Ltd. {hereinafter 'IDI'} has filed a suit for injunction pleading that the plaintiff company is formed by the members of International Cricket Council [hereinafter, "the ICC"} to own and control all its commercial rights including media, sponsorship and other intellectual property rights relating to the ICC events. Plaintiff is the organizer of ICC World Cup to be held in South Africa, Zimbabwe and Kenya from February 8, 2003 till March 23, 2003 {hereinafter, "the Event"}. The plaintiff has created a distinct 'logo' and a 'mascot' for the event. Owing to wide publicity of the said logo and mascot, members of the public associate the same exclusively with the plaintiff. The plaintiff has filed applications for registration of its trade-mark in several countries. In India, it has filed applications for registration of words "ICC Cricket World Cup South Africa 2003" and logo and the mascot "Dazzler". It is pleaded that ICC events have acquired a "persona" or "identity" of their own. The official sponsors of the World Cup are : (i) Pepsi, (ii) Hero Honda, (iii) LG Electronics, (iv) South African Airways, (v) Hutch-Orange, (vi) Standard Bank-South Africa (vii) Toyota-South Africa (viii) South African Breweries (ix) MTN.

(3.) It is alleged that the first defendant is the authorised dealer for sale and service of electronic goods manufactured by the second defendant-Philips India Ltd. The defendants are misrepresenting their association with the plaintiff and the World Cup, by advertisements in media, including newspapers, television, internet and magazines and by using said offending slogans with the intention to unlawfully derive commercial benefit of association with the plaintiff and the World Cup thereby, seeking to piggyback on the reputation of the plaintiff. It is further pleaded that the defendants' actions are mala fide and dishonest guided by the sole intent of damaging the reputation of the plaintiff and the sponsors of the Event, who are engaged in the same line of business as the defendants are, who have been duly authorised by the plaintiff to associate themselves with the World Cup, and to offer such schemes. It is pleaded that the ticket conditions of the Event prohibit such distribution of tickets, unless authorised by the plaintiff and that the defendants have resorted to "ambush marketing" to take advantage of the World Cup without investing a single rupee towards its success. The defendants are guilty of passing off indicia, mark and identity of the plaintiff and the World Cup thereby causing irreparable harm and injury to them. It is also pleaded that defendants are also depriving the sponsors of the Event from enjoying the exclusivity of rights granted to them and preventing the plaintiff from performing its contractual obligation. On these averments, the plaintiff has also sought an interim injunction against the defendants.