Excelsior Sports Correspondent
SRINAGAR, July 9: The Kashmir Premier League (KPL) Cricket Tournament that is going on these days in the Valley has run into the rough as Third Additional District Judge, Srinagar YP Kotwal has restrained the organizers from holding the tournament as the KPL brand has been challenged by a resident of Nowgam, Srinagar.
Ghulam Rasool Wani, a resident of Gulshan Nagar Nowgam had moved an application in the court claiming that he is the real owner of KPL. Wani accused the Youth Services and Sports Department of trade infringement. Wani challenged the holding of cricket tournament under the banner of KPL by the Department saying that his trademark has been infringed.
In his order, Kotwal while taking strong note of the absence of the defendants said that justice demands that organizers of KPL tournament are temporarily restrained from further organizing of the tournament. Kotwal also passed the direction that label/logo of KPL should not be used by the organizers of the KPL cricket tournament.
“In view of the discussions made hereinabove and non-appearance of the non-applicants/defendants despite service, in my considered view, the ends of justice demand that the non-applicants be temporarily restrained from conducting/organizing the tournaments under the name and style and also using the Label/Logo registered in favour of the applicant,” said Kotwal in the order.
“The defendants despite knowing the fact that Kashmir Premier League (KPL) stands registered under the Trade Mark Act, 20021 in the plaintiff, illegally without any right and permission of the plaintiff have used the name of plaintiff’s Firm; that the illegal designs of the defendants became known when on May 11, 2012 defendants in public announcement declaring that they intend to conduct the cricket tournament in the Valley under the name and style of Kashmir Premier League which has caused an irreparable loss and injury to the plaintiff. The defendants by using the name and style have infringed the right of plaintiff,” Kotwal added.
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