Readers’ Queries

am launching a sporting goods retail chain. Will I be permitted to use a logo consisting of the Olympic rings symbol?

The Olympic symbol consisting of five interconnected rings enjoys special trademark protected at the international and national level. At the international level, the Olympic symbol is protected by the Nairobi Agreement which urges states to refuse or to invalidate the registration as a mark and to prohibit the use, as a mark or other sign, for commercial purposes, of any sign consisting of or containing the Olympic symbol. At the national level, in India, the Emblems and Names (Prevention of Improper Use) Act, 1950 prevents the use of the Olympic symbol for a commercial purpose. Therefore, you will not be permitted to either register a trade mark which consists of the Olympic symbol or use in relation to your business the Olympic symbol or any symbol deceptively similar thereto without the previous permission of the Central Government.
 

2. I signed a two-year sponsorship agreement with a company commencing 1st January 2011. Under the agreement, the company pays me Rs. 5,000 every month. However, the company has intimated me of their desire to end the sponsorship and has served me a notice of termination of sponsorship on the ground that my performance has deteriorated over the last three months. Is the company permitted to terminate the sponsorship mid-way?

Whether the company is permitted to terminate the agreement will depend on the formulation of the termination clause in the agreement. If the agreement provides for either (a) termination at will by the company, or (b) termination in the event of poor performance (determined by the company at its sole discretion or based on certain objective criteria laid down in the agreement), then the company may be permitted to terminate the sponsorship agreement mid-way. If none of these clauses are present in the agreement, the company’s act of terminating the contract may amount to a breach of contract and you may file a suit against them in a court of competent jurisdiction.


3. As part of the annual inter-collegiate basketball tournament, we are organizing an inter-collegiate cheerleading competition. We would like to play some popular music at the event to accompany the cheerleading routines and entertain the crowd. Are we required to obtain any permissions or licenses for the same?

In order to play music in public, you may be required to obtain a license from the Phonographic Performance Limited and/or the Indian Performing Rights Society Limited. While the PPL is a copyright society for sound recordings, the IPRS is an association of composers, authors and publishers of musical works. A public broadcast of copyrighted music without obtaining necessary licenses may constitute an infringement of copyright under the Copyright Act of 1957.