MS Dhoni's ‘Captain Cool' and the Rights Battle A Deep Dive into Legal, Branding.pdf

The fight against MS Dhoni’s trademark application to get “Captain Cool” isn’t happening in a courtroom alone. It’s a riveting playground where celebrity identities, intellectual property laws, and mass opinion intersect. Let’s unpack the layers.

1. ??????⚖️ MS Dhoni's ‘Captain Cool' and the Rights Battle: A Deep Dive into Legal, Branding &
Cultural Takeaways
The fight against MS Dhoni’s trademark application to get “Captain Cool” isn’t happening in
a courtroom alone. It’s a riveting playground where celebrity identities, intellectual property
laws, and mass opinion intersect. Let’s unpack the layers.
??????The Trademark Odyssey So Far
Registered in Class 41 in June 2023 for sports coaching, training, and entertainment services.
It was filed against on June 16, 2025 with the Kolkata Trademarks Registry, which will give
opponents the 120 day period to oppose.
Dhoni’s company modified their application to reflect use of the mark since 2008, however,
skeptics contend that there was not enough proof in the form of invoices, ad material or
licensing agreements2.

3. ⚔️ The Legal Opposition: Who and Why?
KAnalysis Attorneys at Law - The Opposition
KAnalysis Attorneys at Law, represented by advocate Nilanshu Shekhar, filed an opposition
notice within the 120-day period. Multiple dimensions Formally opposed to registration of
the trademark, the duo have several reasons for it which question the both the substance and
procedure of the application.
Generic and Descriptive Use: KAnalysis argues that "Captain Cool" is a generic fancy term
that serves as an ornamental, laudatory, descriptive and generic expression widely used in the
realm of cricket to refer to unperturbed, serene captains. They assert that the term is devoid of
the necessary inherent distinctiveness for the purposes of trademark protection. They say that
the term was used for various players, including Sri Lankan Arjuna Ranatunga, before it
became synonymous with Dhoni. The grant of monopoly over a commonplace mark, based
solely on fame, could establish a dangerous trend in the Indian IPR market.

4. No Evidence of Prior Use:KAnalysis contends that no convincing affidavit / evidence was
filed along with the application to substantivate the claim of user i.e.. to the effect that prior
user in respect of services in Class 41 was consistently from 2008 and it has also not filed an
affidivit to this effect that its user/ use in continuous and commercial since 2008 and has
claimed user since 2008 for which no evidence has been led as to who and where and in what
manner the services in Class 41 has been used and the same is an whispers of the Dhoni
Team. They insist that unsupported late-filed affidavit without exhibits is insufficient to
satisfy a heightened burden to prove acquired distinctiveness.

6. Procedural Irregularities of the Registry: The petitioner raises some procedural deficiencies
by the Trade Marks Registry. KAnalysis alleges that the Registrar allowed Dhoni’s
application when an earlier registered trade mark application (“Captain Cool” by Prabha Skill
Sports OPC Pvt Ltd) was still contested and rectification notices not issued to the earlier trade
mark proprietor. This, they submit, is contrary to the principles of natural justice and
indicates lack of application of mind in examining adversary marks under Section 11 of the
Trade Marks Act, 1999.
?????? Legal Questions Raised
It’s a test case for Indian trademark law:
Can fan-given nicknames be monopolized?
Is being famous a reason to lock up information?
When is use “commercial” in a trademark sense?
Per Section 21 of the Trade Marks Act, 1999, Dhoni will have to respond to this with a
counterstatement within two months. The Registrar will then commence hearings and
evidence review.
?????? Branding & Commercial Stakes
If Dhoni wins:
He will have sole rights to the usage of “Captain Cool” in sports academies, entertainment
lines and endorsement categories.
He can grant licenses to the mark or send cease-and-desist notices, and he can extend the
trademark into other classes, such as apparel or digital media.
If he loses:
Still, the nickname is squarely in the public domain and may be exploited commercially by
third parties.
It might dissuade other celebrities from trademarking fan-generated names.
?????? Global Context: What Other Athletes Did With 12 of the 14 golds at the pandemic-
delayed Tokyo Games now claimed, the question that has haunted every global sporting
event since the start of the Covid-19 pandemic is inescapable: How much have the various
restrictions and the forcing of competitions to go ahead despite the circumstances robbed fans
and viewers from seeing the sport at its absolute best? The pandemic has caused some
athletes to race or compete less often and join team practices and workouts less frequently.
“It’s not a formality to come into the stadium and try to showcase your talent, but it’s really a
process and you have to climb mountains to come here and be able to run,” said Keely
Hodgkinson, who became the first British woman in history to win an Olympic medal in the
800 meters.

7. Dhoni’s move mirrors global icons:
Athlete
Trademarked Identity
Commercial Use
Michael Jordan
Air Jordan
Nike sneakers, apparel
Cristiano Ronaldo
CR7
Fashion, hotels, fitness
Usain Bolt
Lightning Bolt pose
Apparel, branding campaigns
These cases illustrate that distinctive + commercial use = Trademark protection.
?????? What Comes Next?
The case will now go into formal opposition mode under Section 21 of the Trade Marks Act,
1999. Dhoni’s side will be required to file a counter-statement to the baseless claims and
provide proof of acquired distinctiveness and prior use. Both sides may be called upon to call
witnesses, and hearings for the TM registry may take place also.
This case will be monitored eagerly by IP practitioners, brand owners and even celebrities as
it could have an impact on how personal branding and descriptive marks are approached
under Indian trademark law. The “Captain Cool” clash is poised to become a test case not
only for the rapidly shifting world of the use of intellectual property in celebrity culture, but
also for the broader public domain.