New Delhi: Delhi Press Patra Prakashan, the publisher of the long-running children’s magazine Champak, has filed a trademark infringement suit in the Delhi High Court against the Board of Control for Cricket in India (BCCI), alleging unauthorised use of the name Champak for a robotic dog unveiled during the ongoing Indian Premier League (IPL).
The AI-powered robotic dog, introduced as part of IPL promotional activities, was officially named Champak on April 23 following a fan-voting exercise, drawing objections from the publisher who claimed the use infringes upon its registered and widely recognised trademark.
Justice Saurabh Banerjee, who heard the matter on Wednesday, issued notice to the BCCI and posted the matter for further hearing on July 9.
However, the Court declined to grant an ex-parte interim injunction restraining the use of the name, observing that no immediate case for such relief had been established in the pleadings.
Appearing for the plaintiff, Advocate Amit Gupta submitted that Champak magazine, known for its animal-based stories and characters, has been a household name among children across generations, and that the BCCI’s use of the name for a robotic entity during a commercial cricket event constituted a clear case of unauthorised use and commercial exploitation.
"This robotic dog was named Champak after a fan vote, and there is wide media coverage of it during the IPL. The use is unauthorised, and it causes detriment to our client’s brand. It dilutes the identity of the magazine, which is well-known for its distinctive animal characters," Gupta argued.
Justice Banerjee queried the counsel on the actual harm caused by the usage and whether there was sufficient evidence of unfair advantage or dilution in the pleadings. "There is nothing on record that shows dilution or detriment," the Court remarked, noting that these claims had not been adequately pleaded.
The Court also questioned the selective nature of the legal action, referring to the popular nickname 'Chiku' used for cricketer Virat Kohli, which Gupta acknowledged was also a character from Champak. When asked why no legal proceedings were initiated in that context, Gupta said that individuals often adopt nicknames from popular media, but the commercial context in this case, being part of a promotional campaign within the IPL, was materially different.
"Had Kohli launched a product under the name Chiku, that would amount to commercial exploitation. But that is not the case here," Gupta clarified.
Senior Advocate J Sai Deepak, appearing for the BCCI, countered that the name Champak is not exclusively associated with the magazine. "Champak is also the name of a flower. The robotic dog is not based on the magazine’s content but is part of a character arc from the popular television show 'Tarak Mehta Ka Oolta Chashma'," he submitted.
The Court, while issuing notice to the BCCI, said it was not inclined to pass any interim orders at this stage and directed the matter to be listed on July 9 for further consideration.
