Champak the magazine and Champak the robotic dog: HC issues notice to BCCI on publisher's plea
The Delhi High Court on Wednesday sought the Board of Control for Cricket in India's response on a plea by renowned children's magazine Champak that alleged trademark infringement over the IPL naming its AI robot dog 'Champak'.
Justice Saurabh Banerjee observed that Champak had been an existing brand name since eternity and asked the BCCI to file its written statement in response to the plea within four weeks. The court listed the matter for further hearing on July 9.
The plea has been filed by Delhi Press Patra Prakashan Pvt Ltd which has been publishing Champak magazine since 1968.
Advocate Amit Gupta, representing the publisher, said naming the robotic dog 'Champak' amounted to infringement of its registered trademark and also commercial exploitation as Champak was a well-known mark.
Senior advocate J Sai Deepak, who appeared for BCCI, opposed the plea saying Champak was the name of a flower and people associated the robotic dog with a character of a TV series and not the magazine.
During the hearing, the judge orally said cricketer Virat Kohli's nickname is 'Chiku', which is also one of the characters in Champak magazine. Why did the publisher not proceed against him, he asked.
Asked by the court to show how the averment of infringement is made out, the plaintiff's counsel said the Indian Premier League (IPL) is a commercial venture and is advertising, marketing and earning.
