An article deals with celebrity rights in India and states as below:
"Taking as an instance the case of Sourav Ganguly v. Tata Tea ltd. wherein Sourav Ganguly who returned form Lords after scoring magnificent centuries found himself extremely disturbed when he realized that Tata Tea Ltd., in which he was employed as a manager, was promoting it's 1 kilo tea packet by offering the consumers a chance to congratulate Sourav through a postcard which was there inside each packet of tea. In a way indirectly what the company intended was to promote the sale of its tea packet in the Indian market where Sourav had earned considerable amount of popularity. The court ruled in favour of Sourav by accepting that his fame and popularity is his intellectual property."
Do any of the readers have more information on this case? Unfortunately, the order itself cannot be located anywhere online.
"Taking as an instance the case of Sourav Ganguly v. Tata Tea ltd. wherein Sourav Ganguly who returned form Lords after scoring magnificent centuries found himself extremely disturbed when he realized that Tata Tea Ltd., in which he was employed as a manager, was promoting it's 1 kilo tea packet by offering the consumers a chance to congratulate Sourav through a postcard which was there inside each packet of tea. In a way indirectly what the company intended was to promote the sale of its tea packet in the Indian market where Sourav had earned considerable amount of popularity. The court ruled in favour of Sourav by accepting that his fame and popularity is his intellectual property."
Do any of the readers have more information on this case? Unfortunately, the order itself cannot be located anywhere online.
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4 comments:
the case is still pending before the calcutta high court.
Case Status : PENDING
Status of CIVIL SUITS (CS) 361 of 1997
SOURAV GANGULY Vs. TATA TEA LTD.
Pet's Adv. : A.GUHA RAY
Res's Adv. :
Court No. : 8 Last Listed On : Thursday, April 24, 2008
Category : MISCELLANEOUS
Hi Rohit,
Though this seems to be correct, Business Standard reports that Gaguly eventually withdrew the case against TATA Tea sometime late in 1997..see link below..
http://www.business-standard.com/india/news/economy-may-recoverslowdown-late-this-year-rbi-governor/62566/.365340.
but the facts given in the link is entirely different from what is stated in the above mentioned Article.
The article states as the link does that ganguly sued TATA Tea over a false endorsement/ publicity rights. I would say that the facts given in the link are not specific while the facts given in the article are quite specific.
The link does state as follows: "The advertisement was published by the tea company for a contest.." and the article also suggests that there was some sort of contest involved.
are you suggesting that there could be two different cases?
I'm not so sure but it is strange that on one end the link suggests that the case is withdrawn and on the other end the calcutta high court web site shows the case as pending..can't verify anything as the calcutta high court web site doesnt seem to have any orders uploaded for the case no. 391/1997 or at least they are not loading on my computer..
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