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2015 Supreme(Online)(Mad) 44
MADRAS HIGH COURT
C.V. Karthikeyan, J
All India Chess Federation Chennai v. Chess Association of India Uttar Pradesh
Application No. 1078 of 2012 | Application No. 1956 of 2013
Only recognized national sports federations can use 'India,' enforcing public interest to prevent misleading representations in sports management.
Headnote:(A) Emblems and Names (Prevention of Improper Use) Act, 1950 - Specific Relief Act - National Sports Code, 2011 - Plaintiff, All India Chess Federation, holds exclusive rights to use the name 'India' as recognized national sports federation. Defendants formed 'Chess Association of India' intending to mislead public into believing they are endorsed by the Government, conducting unauthorized national tournaments. Court finds use of 'India' illegal without governmental authorization. (Paras 12, 14, 20)
(B) Passing Off - Protection against misleading representations - The court recognizes passing off claims by non-trading entities, reinforcing the necessity for distinctive identification for associations in sports management. (Paras 16, 18)
(C) Jurisdiction - The court holds territorial jurisdiction based on deceptive practices conducted by the defendants that affected players in Chennai. (Paras 21)
Findings of Court:
The defendants are restrained from using 'India' or conducting unauthorized tournaments; interim injunction made absolute.
Result: Interim injunction confirmed, defendants’ application to revoke leave dismissed. Parties: Plaintiff - National Sports Federation of Chess; Defendants - Chess Association of India and others.
| Table of Content |
|---|
| 1. application for injunction filed. (Para 1 , 2 , 3) |
| 2. arguments regarding misfeasance and malfeasance of defendants. (Para 4 , 6 , 10) |
| 3. responses from defendants challenging jurisdiction and merits. (Para 5 , 8 , 12) |
| 4. court's reasoning on jurisdiction and suppression of facts. (Para 9 , 13 , 14) |
| 5. interpretation of national sports code and implications. (Para 15 , 16) |
| 6. reasoning for granting injunction. (Para 19 , 20) |
| 7. final order of the court. (Para 21) |
1. The application in O.A. No. 1078 of 20 been filed by the applicant to grant an order of temporary injunction restraining the first respondent from using in its name or domain name or website / URL, the words 'India' or 'Indian' and from conducting chess tournaments in the name and style of 'National'championships / tournaments pending disposal of the suit.
2. The application in A.No. 1956 of 2013 has been filed by the applicants to revoke the leave granted by this Court in A.No. 5615 of 2012 vide its order dated 27.12.2012 under the circumstances, with exemplary costs.
3. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.
4. The case of the plaintiff - All India Chess Federation, in brief, is as follows: -
(a) The plaintiff is a society which started its operations in 1950 and was subsequently registered under the Societies Registration Act, 1860 on 12.12.1958. The plaintiff is now regulated by the provisions of Tamil Nadu Societies Registration Act 1975. The plaintiff is also the only Chess Federation in India to be affiliated to Federation Internationale Des Echecs, shortly called as FIDE that controls the game of chess in the world. From its very inception in 1950, the plaintiff has been recognized by the Government of India as the national chess federation which controls / regulates the game of chess in India. Since 2010, the Government of India started certifying the national sports federations by issuing certificates under the National Sports Code. Consequently, the plaintiff has been issued certifications as the 'National Sports Federation' for the discipline of chess for the calendar years 2010, 2011 and 2012.
(b) The plaintiff has a right over its name as the same has been registered and no one else can use the name. Further, being recognised by the Government of India, the plaintiff has exclusive right to use the name 'India' and conduct national events as per Clause 3.6 and Clause 8.3 of the National Sports Code. The plaintiff is exclusively responsible for conducting national level tournaments and selection of the national team that would represent India in International tournaments. Vide notification No. F.No. 36/2-2010 - SP II, the Government had declared all National Sports Federations as 'Public Authority' in view of the public interest associated with these scopes of activities.
(c) As per the constitution of AICF, all the State Chess Associations are the accredited Members and they constitute the General Body that controls the affairs of the plaintiff and elect its office bearers, the President, the Secretary, the six Vice - Presidents, the six Honorary Joint Secretaries and the Treasurer, which are honorary posts.
(d) While so, in the year 1989, one P. T. Ummer Koya of Calicut was elected as the Honorary Secretary of the plaintiff. He was re - elected to the same post in 1993, 1997 and 2001. The continuous holding of the post of Hon.Secretary enabled P.T. Ummer Koya to commit acts of misfeasance and malfeasance. More than one crore rupees were found to have been swindled by him by manipulating the accounts of the plaintiff. It was discovered that the said P. T. Ummer Koya along with one S.L.Harsh, the second defendant herein, among others, connived .with one another to make these illegal profits. Subsequently, various legal proceedings were initiated before this Court against the said P. T. Ummer Koya, S.L.Harsh, the second defendant herein and their coterie.
(e) The founder members of
