Delhi High Court refuses to restrain IPL from using robo dog ‘Champak’ in comic book publisher’s plea

Delhi Press, represented by advocates Amit Gupta and Mansi Kukreja, argued that the use of its trademark ‘Champak’, “in connection with an unrelated robotic dog”, dilutes its “distinctive character”. It also said ‘Champak’ is widely recognised in the field of “children’s literature and publishing across generations”.

The publisher also argued that such infringement amounts to dilution of the trademark as it is being used in a commercial setting and without authorisation. Delhi Press, in its suit, to prove its long-standing reputation, also cited the example of cricketer Virat Kohli saying that he has been nicknamed ‘Cheeku’ from a character in the Champak magazine.

Justice Amit Bansal, however, while refusing to grant any ex-parte (without hearing the other side) interim injunction, issued notice on an application in the suit where the comicbook’s publisher is seeking interim injunction and Rs 2 crore in damages.

Justice Bansal asked the publisher, “Where is the commercial element? They are using for whatever reason, it is very early for me to decide…… please appreciate. The Instagram page emphatically shows that the name is not of their choice. It is a majority win. This is not their choice. What is the element for ad-interim ex parte injunction? There is no adoption per se by the entity naming,” Justice Banerjee said orally, addressing the publisher’s counsel.

The court posted the matter for further consideration on July 9.

The 18th season of the IPL began on March 22 and will go on till May 25.