HC tells authorities to 'apply mind' in name dispute between Lulu International and Coolulu Sports
Bengaluru, Apr 13: The High Court of Karnataka has ordered the Regional Director of the Ministry of Corporate Affairs to apply its mind in resolving the dispute over the name between Coolulu Sports and Lulu International.
Koramangala-based Coolulu Sports and Entertainment Private Limited had approached the high court challenging the ministry's order to drop the word Lulu' from its name, following a complaint by Lulu International Shopping Malls Private Limited.
Coolulu Sports was incorporated in April 2018 under the Companies Act and is engaged in sports coaching, sports events and adult fitness events.
Following a complaint by Lulu International that a name similar to its own was being used, the regional director of the ministry had sent a show cause notice to Coolulu. On March 30, 2022, Coolulu was directed to change its name. This was the order challenged before the single-judge bench of Justice M Nagaprasanna.
The counsel for Coolulu Sports contended that "there is a world of difference between Lulu' and Coolulu'. Therefore, the order which directs the removal of the name Lulu' from the title name of the petitioner does not bear any application of mind to any of the provisions of law. It is bereft of reasons."
Lulu International's counsel argued that Lulu was a "well-known brand all over the world and for a well-known brand, a name that is too identical cannot exist in terms of Section 16 of the Trade Marks Act."
Coolulu had communicated with Lulu International in March 2021 soliciting cooperation for a synergy towards some strategic partnership in sports retail. It was only after this communication that the application against the name Coolulu was filed by Lulu International.
In his judgment, Justice M Nagaprasanna noted that the ministry had not recorded any reasons for the contentions raised by Coolulu and Lulu International.
"In a paragraph it is opined that the name is likely to create confusion between the two and therefore it should be removed. This is not the purport of Section 16 (of Trade Marks Act). An order which determines rights of parties, in the case at hand, is the rights of parties qua their names. It is trite, should bear application of mind. An order which does not contain any reason is an unreasonable order," the court said.
Disposing of the petition, the HC said, "The 2nd respondent (Ministry of Corporate Affairs) is required to pass an order afresh by recording reasons for the contentions so advanced both by the petitioner and the 3rd respondent (Lulu International), which would bear the stamp of application of mind."
Though the counsels for both companies advanced many arguments, the HC said they would be kept open till the authority passes a proper order.
Ordering the regional director to pass an order within three months, the HC said, "The 2nd respondent endowed with the statutory duty of such determination under Section 16 cannot pass an order which would depict an inscrutable face of the sphinx. Therefore, the contention of both the learned counsel for the petitioner and the learned senior counsel for the 3rd respondent shall remain open."
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
