Hot debate over 'Captain Cool'

Dhoni wants to trademark 'Captain Cool', a term given to him by his fans. Legal experts say the bid could set a problematic precedent.

- BHAVINI MISHRA

Former Indian cricket captain Mahendra Singh Dhoni last month filed an application to trademark "Captain Cool," the sobriquet long linked to his calm and composed demeanor on the field.

Dhoni thus joins the growing list of Indian celebrities seeking intellectual property rights to protect their name and brand value.

In 2023, actor Amitabh Bachchan secured legal protection for his personality rights, safeguarding the commercial use of his name, image, voice, and other distinctive attributes. Soon after, actor Anil Kapoor obtained an order from the Delhi High Court restraining unauthorized use of his name, likeness, voice, image, or elements of his persona—including his iconic catchphrase "jhakaas"—for monetary gain.

Similarly, in 2024, Jackie Shroff was granted protection by the Delhi High Court, shielding his name, image, voice, likeness, and signature catchphrase "bhidu" from unauthorized commercial exploitation.

However, legal experts say Dhoni's case is materially different. Unlike the above examples, Dhoni's application involves trademarking a fan-bestowed nickname rather than his personal name or a phrase uniquely coined—or used—by him.

Nilanshu Shekhar, founding partner at Delhi-based law firm KAnalysis, said there's a critical distinction between persona/personality rights and trademark rights.

"Though persona rights are part of trademark rights, they're not the same. 'Captain Cool' is not intrinsically linked to Mahendra Singh Dhoni's personality in the way 'MSD' is," he explained. "One cannot monopolize a generic term like 'Captain Cool.' Any calm and composed person, celebrity or otherwise, could be described that way," he said. "Moreover, there are glaring irregularities in the trademark application approval, which we have challenged."