Early celebration often leads to disappointment in sports, especially in cricket. As fans across the world were celebrating Indian test cricketer Prithvi Shaw century, foodtech major Swiggy and Freecharge, known for their witty and well-timed tweets, also posted congratulatory messages.
However, Swiggy and Freecharge’s social media posts received wrath and got a notice from Baseline Ventures, the sports marketing company that manages Shaw.
Tuhin Mishra, managing director of Baseline Ventures has blamed both for ambush marketing and said that they are “encashing the name and fame” of the player without authorisation from the marketing company, reports ET.
According to the company, it was a violation of Baseline’s exclusive rights and a violation under the Trademarks Act 1996.
While Entrackr failed to find out Freecharge’s tweet on the same or it might have been deleted from its microblogging site, Swiggy’s promotional post is still there.
Further, the firm is seeking compensation of Rs 1 crore from each of them and warned that it will be taking legal recourse against all who were indulge in the similar practice.
Reacting on the notice, a Swiggy spokesperson argued that Baseline has not disclosed any of its client’s trademark rights in the entire notice and the notice has been sent on wrong facts and there is no case of infringement here.
Carol Goyal, lawyer, and IP expert said that the public persona of Prithvi Shaw is ‘in the public domain’ and he doesn’t ‘own’ his fame.
“Congratulating him in his moment of glory is not an infringement of any IP. Moreover, no real commercial value has been derived from use of his imagery,” Goyal said.
On contrary, sports and marketing experts believe that Shaw is too young and has a lot to prove before the managers starting to sue for infringements.
For a safer side, the image used in this story is for illustration purpose only and Entrackr will not be liable for any loss that may happen to Baseline Ventures in future.