High Court questions Maxx Mobile on removal of MS Dhoni's name from products
The Delhi High Court on Thursday asked the chief of Maxx Mobile to inform it what steps have been taken to carry out the order refraining them from selling any product carrying the endorsement of the Indian captain MS Dhoni.
Justice J R Midha also directed Maxx Mobile CMD Ajjay Agarwal to file an affidavit along with information about the stocks available with them when the order was passed on 17 November 2014, and the number of products sold thereafter.
"What instruction it (Maxx Mobile) has given with regard to removal of petitioner’s (Dhoni) name from the product (mobile and its box) to the printer” the court asked.
The company has now been directed to file an affidavit within four weeks and the matter is slated to be heard next on 29 July.
MS Dhoni had earlier filed a petition seeking contempt proceedings against Agarwal for having defied the High Court direction given out in November 2014 asking Maxx Mobile to “refrain from selling any products” claimed to have been endorsed by Dhoni.
The direction was given out by the High Court following a plea by Dhoni and Rhiti Sports alleging that Max Mobile Pvt Ltd had not paid their dues amounting to crores which were agreed upon for using Dhoni's name on their products.
Dhoni's counsel Gaurav Mitra also alleged that the endorsement deal between Dhoni and the company had expired in December 2012 but Maxx had continued to use Dhoni's name without paying him his dues. Agarwal's counsel Sanjeev Bhadari had however refuted those claiming stating that they had not sold any mobile phones carrying Dhoni's name.
“Mr Dhoni has to attend certain shooting, which he failed to do. The petitioner was also under certain obligation as per the agreement...,” Bhadari argued.
This was in turn countered by Dhoni's counsel who claimed that the company has to pay Rs 70 crore and the matter was therefore before the arbitrator. “Despite the order against the company, they are still selling and promoting its products by using name and image of Mr Dhoni,” the counsel argued.
He also pointed out that the company had been using the initials MSD and the number 7 which is Dhoni's jersey number. “It clearly shows that Maxx Mobile is still using the name and image for promoting its brand and increasing sales of its products,” he added.
Dhoni's contempt plea also sought direction to seize all company products which are allegedly using his name and image illegally.