'Captain Cool’ Is Commonly Used, Belongs To All: MS Dhoni’s Trademark Bid Faces Legal Opposition (Photo on X@ImRaina)
Mahendra Singh Dhoni’s attempt to trademark the phrase ‘Captain Cool’ has been hit with a legal tussle as a Delhi-based lawyer has formally opposed the former Indian cricket captain’s bid.
The lawyer, Ashutosh Choudhary, challenged Dhoni’s registrability of the phrase, pointing out that the term ‘Captain Cool’ is generic, descriptive and basically linked to public commentary and sporting culture.
Read Also: MS Dhoni Secures Trademark For Iconic Nickname ‘Captain Cool’
The key contention against using the term was that ‘Captain Cool’ is a generic commonly used phrase, laudatory expression that has historically been associated with other cricketers, including Sri Lanka’s Arjuna Ranatunga. Therefore, it cannot be considered distinctive or capable of signifying a single commercial source, Bar and Bench reported, citing the complainant.
The legal complaint argued that the athlete’s celebrity status alone cannot justify a monopoly over a widely used phrase that has been applied to multiple sportspersons over the years. It further cited that the phrase lacks inherent distinctiveness and fails to meet the statutory requirements under the Trade Marks Act, 1999.
Read Also: MS Dhoni-Devotee, Gaurav Kumar, Cycles 1200-Km From Delhi To Ranchi To Meet His Idol
Recently, the former Indian wicket-keeper batsman’s received clearance from the trademarks Registry as it formally accepted the former cricketer’s application, publishing it in its official journal for trademarking the ‘Captain Cool’ phrase. Dhoni filed the application under Class 41, which covers services related to education, entertainment, sporting and cultural activities, including coaching and training.
The complainant also raised concerns regarding the conduct of the Trade Marks Registry. The Registry issued repeated hearing notices before accepting the mark, and the applicant’s claim of prior use was introduced late in the process without formal acceptance, as per the notice. It noted that the applicant claimed he acquired distinctiveness, but has not submitted any material proof of consistent or exclusive commercial use.
Earlier, Dhoni submitted the trademark for registration on a “proposed to be used” basis, and it was later amended to include a claim of prior use in 2008.
