Mark On The Game: A Case Study Of Trademarks – by Pravar Veer Misra
- Jun, 27, 2015
- Joseph Administrator
- Article
Abstract
Gareth Bale is a superstar of the world of football. A tremendous player on the pitch and a very marketable person off it. The world’s most expensive player who is the number 11 for Real Madrid is a galactico in every sense. While he could easily teach you how to get past a defender , what could we learn about trademarks from gareth bale? More than you would think.
![](http://www.josephandjoseph.in/wp-content/uploads/2015/06/221a.jpg)
Introduction
To those who watch football, the sight of Bale scoring and getting out his famous heart celebration is very common . To those not so familiar with football , take a look at the picture again. This is what Bale does every time he scores a goal. What is interesting about this celebration is that he has had it trademarked. Which naturally begs the question , could he have done so?
The Trademark
Let us look at it from the perspective of Indian Law. In India , section 2(m) and 2 (zb) of The Trademarks Act define “mark” and “trademark” respectively. Trademark is defined as a mark which can be used to distinguish goods or services of one from another. While mark includes heading , label , signature , word among other things. Can it include movements? A plain reading of the law suggests it cannot. How then , has Bale managed to get a celebration ,which is essentially a movement , trademarked?
The Answer
A lot of the issue actually lies in bad reporting. The way It has been reported in the media is that he has got a trademark for the celebration. A cursory reading of many articles on the point would prima facie suggest the same. However , what Bale has a trademark for is what he calls “the eleven of hearts” and it looks like this. It is essentially a logo and he has been allowed to use it on clothing , footwear and head gear.
![](http://www.josephandjoseph.in/wp-content/uploads/2015/06/221b.jpg)
Conclusion
Thus bale has a trademark for a logo , no different from nike , addidas , coke , pepsi etc and not a movement. He has done this to establish a brand of his own, The movement is not and cannot be trademarked as by definition , movements cannot be trademarked.
Pravar Veer Misra – Fourth Year Student , The West Bengal National University of Juridical Sciences , Kolkata