DPMC
wins cricket advertisement case
The Commercial High Court of the Western Province recently ruled
in favour of David Pieris Motor Company (DPMC), which was accused
of infringement by the International Cricket Council Development
(ICC, International) limited.
The ICC (International)
accused DPMC of using the ICC knock out tournament, which was sponsored
by Hero Honda, for advertising the Bajaj motorcycles line.
DPMC offered special gifts for Bajaj motorcycles bought during the
period of the tournament held during September and October 2002.
The ICC, claiming exclusivity to the event, had warned DPMC of severe
repercussions if they did not withdraw the advertising campaign.
Subsequent
to the warnings DPMC responded saying that there was no violation
of anyone's rights and that as far as it was aware no one had exclusive
rights to images of bats, balls, bails and the national flag of
any country.
After what
it called the ICC's "contemptuous reply", which questioned
the company's comprehension of the English language, DPMC filed
for a declaration of non-infringement through the Commercial High
Court of the Western Province. The judgement thereafter was in favour
of DPMC. |