I.M.Vijayan -- ISL

I.M.Vijayan believes that the Indian Super League (ISL) has gone a long way to ensure that football in God’s own country has been restored as after Kerala Police’s dominance in the nineties, none of the teams came close to making a mark in Indian football’s top flight with only Viva Kerala making a few fleeting appearances in the I-League.
In fact in last season’s Federation Cup hosted at Kochi, fans didn’t show up in numbers as has been the case in the ISL with over 61000 fans thronging to the stadium to cheer for the Sachin Tendulkar co-owned franchise.
“It is God's gift to God's Own Country and a dream performance by the Kerala Blasters. The ISL has led to the resurgence of Kerala football. The game had suffered a slump in the state in the nineties after Kerala Police had conquered everything on the domestic front. The stands suddenly became empty and though fans loved football, there wasn't much of it being played in the state,” he wrote in his column for The Times of India.
He was pleased that once again the people of Kerala have taken a liking to domestic football, which hasn’t been the case for a decade or so.
“The madness was still lurking somewhere, and it is back. The positive thing is that the stands are full again. You roam on the streets today and you'll find everyone discussing Indian football. It's pure nostalgia. In such a situation, it was important that the Blasters did well, and they have. The vastness of our country demands that the football pockets stay active. Once the spirit is back, the country will gain for sure. And that is revolution that the ISL is ushering in,” he opined.
He also believes and hoped that several Indian players will now have the opportunity to ply their trade abroad after having impressed in the ISL.
“The ISL will open the doors for many Indian footballers to get offers from abroad. The ISL has taken Indian football to the drawing rooms of the entire footballing world. It will only go better from here,” he remarked.

“Kolkata won. That’s the truth,”

. .
David James’ Kerala Blasters side saw their Hero Indian Super League season end in heart-breaking fashion, losing 1-0 in the final to a last-minute Atlético de Kolkata goal. The Kerala head coach was visibly disappointed at the post-match press conference, but he was gracious in defeat.
“Kolkata won. That’s the truth,” the Englishman said in response to a question about whether the result was more down to Kerala losing the game rather than Kolkata winning it. “I did say yesterday that they were the best team in the competition, though I was hoping we could still beat them, of course.”
The implication that Kerala looked the more likely side to score throughout the final was not unwarranted, as James’ team dominated possession and created numerous opportunities to score, only to succumb to Mohammed Rafique’s injury-time winner. “We had chances to beat them,” asserted the Kerala gaffer. “It just goes to show that you have to play to the final whistle. A minute before the end, we switched off on a set piece, and it cost us the match.”
James credited the opposition for their game management, as Kolkata’s defence withstood the Blasters’ attacks before striking at the right moment, and praised the Antonio López Habas-coached side for their performance throughout the tournament. “Kolkata started so well in the competition – they were the best team. They were the best passing team and the best ball control team,” James explained. “Today, they seemed to control the game at the right times.”
The 44-year-old goalkeeper, who made a comeback to the playing side after recovering from an injury in time for the final, went on to describe the ISL final. “It was tense, and not necessarily the most attractive game of football. But, it was a cup final,” emphasised James. “Two teams with very good defences, with all the defensive records – we had the best defence in the league phase, and Kolkata probably had the best in the last six or seven games. It was always going to be a tight affair.”
Opposing keeper Apoula Edel Bete was arguably Kolkata’s best player on the night, always finding the save to keep Kerala at bay, including a point-blank fingertip save from Michael Chopra’s shot. Edel came in for special praise for what James considered to be a match-winning performance. “Edel’s produced a wonderful save – a fitting ‘Moment of the Match’ – to keep Chopra out,” James said. “He produced a save to win the first ISL championship.”
The former Liverpool and Portsmouth goalkeeper was asked about Kerala Blasters co-owner Sachin Tendulkar, who could be seen talking to the heartbroken Kerala players after their loss. “He said that our team won hearts,” James related. “He told us that he’s lost for Mumbai in a big cricket match. It’s quite interesting to speak to a sportsman who has been through the ups and downs. It was quite galvanising for the side to have Sachin as an owner, to have someone to talk to who had experienced what he wanted his side to do in this competition.”
James also reflected on the season overall, and was proud of his team for their play throughout the tournament. “I’m disappointed, of course. I don’t like losing games. But I have to be positive about the fact that my side got to the final and pushed the champions to literally the last minute. It’s a bittersweet moment.”
The player-head coach signed off by gushing about his time in India. “I’ve enjoyed my experience in India completely – to the point where I haven’t even been thinking about Christmas!” joked James. “I’ve enjoyed myself here so much that that’s been all-consuming. The positives for Kerala – we had the best fans in the ISL. I think that was demonstrated today by the support that we had. And I’d like to say that my job was almost easy, because I had such a good squad.”

KeralaMasterBlasters

Finally it happened!Kerala Blasters entered into the final of first ISL.At the early stages of ISL KBC is the lowest team inthe point tally.Nobody expect/predict them to come into the final.But it happened. The performance in the 2nd stage semifinal is not a goodmessage for KBC fans They recieved three goals easily.And cannot return it satisfactorly.KBC played neither a defensive game nor a planned game.But an accidental game.Also a lazy game.If there is no ground support they forgets to play. The positive side to KBC in the final is at Vankhade stadium Mumbai where Kerala fans and Sachin fans are so much. The nagative side is Teams performance and if Goa is the rivals whose home ground is Mumbai,then their ground support.Anyway I think and hope KBC will raise the first ISL CUP!!!

IAN HUME

Hume, who has been nominated as one of the candidates for ‘Player of the Season’ and ‘Forward of the Season’ awards, was “over the moon” with the result, but dissatisfied with his side’s performance on the night. “It was hard, we got overpowered and overrun by the best team in the league. They were in form tonight and we weren’t at our best. We’re happy with the result but we’re not happy with the performance, but we got through. We’re over the moon because we will be in Mumbai. We’re looking forward to that but we’re not going to rest with the performance we put in tonight,” Hume told indiansuperleague.com in an exclusive interview post the turbulent match.
In reply to a question, the ex-Canadian international striker insisted that his team showed character tonight, as they have done all through the season, except for an away game in Goa. “Every other game this season, we’ve put every ounce of effort in our bodies and I think that was the testament tonight -- we weren’t good but we didn’t stop. I think we were the fitter team tonight. I think the best player in the league, Bernard Mendy, was pulling up with cramp. They had Elano, who’s a terrific player and has come back from injury, but he didn’t do much against us today,” opined Hume, who has five goals to his credit in the league.
Asked about his experience in the ISL, the Blasters’ No 10 replied, “It’s right up there! I’ve had a very good last two years, I’ve won a lot of medals in the last two years. They’ve all been special but playing in front of the Kochi fans is unbelievable, it’s definitely a highlight of my career. The first leg of this semi-final was an event that I’ll never ever forget.”
Hume ended the conversation by paying tribute to the Kerala fans, who have been the most committed bunch this season with numbers reaching 40,000 in almost every home game. “I’ve been told there are Kerala fans in every stadium, so they’re the best fans in the country for a reason. The guys can’t thank them enough! There are no words that can thank the fans for what they’ve done this season, so fingers crossed that we thank them by winning the trophy,” he concluded.

Trevor Morgan

The forwards combined well, says Morgan


After losing twice to Chennaiyin FC in the league phase of the Hero Indian Super League, Kerala Blasters FC assistant coach Trevor Morgan was a visibly relieved man when his team humbled the top seeds 3-0 in the first leg of the first semi-final played in Kochi.
Making an appearance at the post-match press conference along with midfielder Sushanth Mathew who scored the third goal, Morgan said that tactically his team didn’t do a lot differently from what it did when they lost at home to the same opponents about two weeks earlier. “We had lot of chances when we played against Chennai and we were solid defensively too till the end. But we were a little unfortunate that day to be caught on a counter attack toward the tail end of the match,” he pointed out.
Morgan conceded that the celebrations were a bit overboard following their win but their intention was not to be disrespectful to the beaten rivals. “The players were showing their excitement of winning the match,” Morgan explained. “The fact that this is also the last time they were playing in front of the home crowd this season added to the joy of the players.”


Speaking about his brilliant goal, Mathew said that he was thrilled when the ball went into the net. “It was a dream goal for me. It is the kind of goal everyone wants to score. I’m really happy and thankful to God,” he explained. The 33-year-old player also appreciated the crowd for their magnificent support and motivation, which helped the team get to where they are at the moment.
On being asked if he would have liked to have been on the pitch for a longer time, Mathew said, “The coach knows when to introduce a player and when to take someone off. I’m thankful to him for trusting in me and giving me a chance. I feel wonderful.”
Morgan on his part was also delighted that his former ward at East Bengal was able to play in front of his own family and relatives and score a world-class goal.


 On a night when everything fell in place for Kerala, the England-born Australian gaffer said that the forward combination worked well tonight. “(Iain) Hume and Michael (Chopra) are experienced players. Hume is dynamic and energetic whereas Michael picks up good positions, has a good understanding of the game and a brilliant first touch. The combination worked well tonight and only time will tell if it will work in the next game as well.”


On a parting note Morgan said that the team would try and win the second leg too or at least make sure that they don’t get beaten: “You have to approach the game positively. We won’t go into the game thinking we are three goals up. Football is not like that. We will go into the game as if the score is 0-0. This is important because teams have come back from three goals down. Chennai is a good team and we need to prepare for a tough game on Tuesday.”

Kerala Blasters FC

Iain Hume says fans and team deserve victory


Kerala Blasters FC brushed aside Chennaiyin FC with a resounding 3-0 victory in the first leg of their semifinal fixture at the Jawaharlal Nehru Stadium in Kochi. Iain Hume was once again on top of his game with a poachers finish as he added a fifth to his goal tally. “The first half performance was the best we have has this season. I think it was unfortunate that we went into the first half with only two goals. We had a goal disallowed, we had a couple of chances that were saved. So the first half was brilliant! The second half they had to let loose and they did,” exclaimed Hume to indiansuperleague.com in an exclusive post-match interview.
Kerala dominated for most of the game and a couple of chances to extend their lead even further. Despite their dominance, Hume heaped praise on Chennai centre back Bernard Mendy, although he was equally delighted with how his teammates managed to make life difficult for the Chennaiyin defender and the rest of the visiting back-line. “Mendy was a thorn in the side the whole match. We stopped him from scoring and from keeping a clean sheet, and to top it off – finishing off the game with a wonderful strike by Sushanth (Mathew) into the right corner! I was right behind it, that was unstoppable and that just sums up how much it meant to us and how hard we’ve been working,” declared the Canadian striker.
“They’re a good side and today we’ve made them look like an average side. That’s no disrespect to them but a testament to our performance and our work ethic. I think we deserved the win today, though we know we are only halfway there,” said an ecstatic Hume.
“We’re going in Tuesday to a tough place; they’re top of the league for a reason. So when we go in on Tuesday night it’s going to be ten times harder than tonight, “revealed Kerala’s No.10. “The victory without a doubt is going to give us confidence but we can’t be arrogant. We’ve got to keep our heads level because if we just beat them 3-0 then who’s to say they can’t do the same thing. They’ve done it to teams all season. It’s going to be tough! They’ve got a good group of hands there,” commented Hume. .
Kerala scored some exquisite goals tonight with Ishfaq Ahmed’s thumping strike to open the scoring and Mathew’s beautifully curled effort in the dying minutes of the game to make it 3-0, delighting the raucous Kochi crowd in the process. Hume dedicated the victory to the fans saying, “I’m just extremely happy that we have got the result that we got today. And our performance was for the fans here, over 60,000 people. When you look around, the game’s been over for 20 minutes and no one’s left the ground! So rightfully they deserve everything they’ve got today, and so do we.”
The 31-year-old ended the interview on a cautious note saying, “We’re going to enjoy but we are not going to let ourselves get arrogant. We’re going to set ourselves up for tomorrow and prepare to face Chennai once again.”



 


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Tintumon

KSRTC

I was puzzled for a moment when I read about the trademark dispute over the mark KSRTC. Therefore I would like to share few information and my thoughts on the dispute.

The parties to the dispute are two state owned road transport services, which makes it a dispute between two states. Kerala State Road Transport Corporation (KSRTC) which was established in the year 1953, providing public transport services within the state and outside, but till date haven’t filed any trademark applications to register their brand name. Whereas Karnataka State Road Transport Corporation (KSRTC) which started using the mark KSTRC since 1974 have applied for several trademark registrations, the details are given below :

Trademark	Device	Status
KSRTC	Objected
KSRTC	KSRTC	Accepted & Advertised
KSRTC Airavat Club Class	Objected
Travel in comfort KSRTC	Send Back to Examination department
KSRTC AirwatSuperia	Objected
KSRTC BIiss	Objected

Eventhough the Karnataka State Road Transport Corporation (KSRTC) has filed several trademarks but none of them seems to be registered as evident from the details available from the trademark registry.

At this juncture the Karnataka State Road Transport Corporation (KSRTC) cannot initiate a court proceeding or even issue a letter seeking the Kerala government to change the name. Even if they do, the suit may be barred by acquiescence as they have allowed the mark to be used for over 20 years.

What the law says !

Unlike anyother law the law of Trademarks mandates the rule of use – the more you use a mark and make it distinctive, the better chances you have in securing and ultimately defending your mark. Trademark rights from use of a mark. At common law, the only way to obtain rights in a mark is through actual use.

The Supreme Court in the case of N.R. Dongre and Ors. v. Whirlpool Corporation and Ors. , that a passing off action can be brought by a prior user even against a registered holder of a trademark.

In Titan Industries Limited v/s Registrar Of Trade Marks And Anr.[2007 (34) PTC 346 IPAB] it has been held that “the well settled proposition of law in Trade Mark law is that the prior user of a trade mark has more valid rights in a mark than the registered proprietor”.

There will be stacks of evidence available for the Kerala State Road Transport Corporation (KSRTC) to prove their use from early 70’s and to oppose the applications of Karnataka State Road Transport Corporation (KSRTC).

Final Word.

This is a dispute of pure misuse of the trademark law. Since both the mark are co existing for over 20 years, no court will order any party to stop using the mark KSRTC. Further no public rights is involved as services provided by the marks can be clearly distinguished by the other elements of identification of the buses and there is no chances of confusion. And here no party is riding over the good will of another therefore no action of passing off lies and since none of the party’s have a registered trademark, no suit for infringement is possible. Therefore, what lies here as a dispute is nothing but a clear case of lack of understanding of trademark law.

If you have any queries, kindly contact us.

John Mathew & Associates
Advocates, Trademarks & Patent Attorneys
S-14 Empire Building, Old Railway Station Road,
Cochin, India – 682018
Tel. +91 484 2391374 , Fax. +91 484 2395205,

http://www.ksrtcblog.com/specials/ksrtc-v-ksrtc-trademark-battle


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