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ICC plea for stay rejected
January 31, 2003 19:59 IST
The Delhi high court dismissed an interim application by the International Cricket Council seeking to restrain Philips India Ltd and its authorised departmental stores from using the logo, mark and mascot of the 2003 World Cup in their promotional schemes.
However, the ICC got limited relief when, in another order, the court restrained Hindustan Petroleum Corporation Ltd (HPCL) and it dealers from using the logo of the World Cup -- black and white striped Zebra -- in their marketing scheme.
In the case against Philips, Justice S K Agarwal dismissed the application by ICC Develoment International Ltd (IDI), the commercial arm of the ICC, saying: "IDI has failed to make out a prima facie case for grant of ad-interim injunction".
IDI had alleged that Philips and its dealers were misrepresenting their asssociation with them by using the World Cup logo and other marks etc on their promotional material without permission.
When similar allegations were levelled against HPCL and its dealers by IDI, the court said the petroleum company had failed to point out any material prima facie to show that in the course of promotional campaign, they could use the logo.
"The logo is in the nature of an artistic work protected under Copyright Act," the court said.
However, the court upheld the contention of HPCL counsel Manmohan Singh that IDI had concealed the material facts in the application and vacated the injunction granted on other aspects.
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