(12) Can Balaji Viswanathan Be Sued for Using Tendulkar's Name in Promoting His Forthcoming Book, From Tryst to Tendulkar - The History of Independent India_ - Quora

7/24/2019 (12) Can Balaji Viswanathan Be Sued for Using Tendulkar's Name in Promoting His Forthcoming Book, From Tryst to Tendulkar - The History of Independent India_ - Quora

1/12

10/25/2015 (12) Can Balaji Viswanathan be sued for using Tendulkar's name in promoting his forthcoming book, From Tryst to Tendulkar - The History of Independent India? - Quora

https://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India 1/12

75,106

24

24 FOLLOWERS

Last asked: 16 Nov 2014

QUESTION TOPICS

QUESTION STATS

Views

Followers

Edits

Follow 24 Comments 2+ Share Downvote

Can Balaji Viswanathanbe sued for using

Tendulkar's name in promoting his forthcoming

book, From Tryst to Tendulkar - The History ofIndependent India?

8 Answers

From Tryst ToTendulkar (2014book)

Balaji Viswanathan

Sachin Tendulkar

Historical India

India

Edit Topics

Re-Ask

Navin Nikunj

Add B io Make Anonymous

Write your answer, or answer later

As someone involved in publishing, I fou nd this an interesting a nd even a fair

question.

I believe Balaji Viswanathanis correct in that he can use Tendulkar in the title,

but not for the reasons he described. N ews reporting and reviews are an

entirely different beast than book titles. In most countries, news reporting and

commentary is protected from liability on matters of public interest. A person

cannot object to their name being used in a report (which is why newspapers

can speak about politicians and sportsmen, even critically, without fear of

being sued).

With books, it is more of a grey area, and can come down to the law in thecountry where the book is published. From what I have read, there are several

Archie D'Cruz, Have never *not* been involved in publishing

6k Views Upvoted by Balaji Viswanathan, Indian by Birth. Indian by Thought.
https://www.quora.com/topic/Sachin-Tendulkarhttps://www.quora.com/topic/From-Tryst-To-Tendulkar-2014-bookhttps://www.quora.com/profile/Sumit-Ranjan-Pandahttps://www.quora.com/profile/Arpit-Bhatnagar-2https://www.quora.com/profile/Aishik-Saha-1https://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Archie-DCruzhttps://www.quora.com/profile/Archie-DCruzhttps://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Navin-Nikunjhttps://www.quora.com/topic/Indiahttps://www.quora.com/topic/Historical-Indiahttps://www.quora.com/topic/Sachin-Tendulkarhttps://www.quora.com/topic/Balaji-Viswanathan-5https://www.quora.com/topic/From-Tryst-To-Tendulkar-2014-bookhttps://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/loghttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/followershttps://www.quora.com/profile/Bruno-Mascarenhashttps://www.quora.com/profile/Manas-Mamgainhttps://www.quora.com/profile/Prabha-Karan-8https://www.quora.com/profile/Archie-DCruzhttps://www.quora.com/profile/Sumit-Ranjan-Pandahttps://www.quora.com/profile/Uday-Kiranhttps://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Shubham-Dadhich-1https://www.quora.com/profile/Aishik-Saha-1https://www.quora.com/profile/Arpit-Bhatnagar-2


2/12



reasons why Balaji appears to be on safe ground. (I say appears because I am

not a lawyer, but am basing my answer on interpretations of what I am reading

on legal sites).*

This book is a documentary, and not a work of fiction

It does not (to my knowledge) defame Sachin Tendulkar in any way

It does not use his photograph on the cover (which might be considered

endorsement)

Tendulkar, from what I can tell, is not a registered brand mark in the

United States where the book is presumably being published**

The name is not being used in the title for commercial purposes (i.e. to sell

a product other than the book itself).

The most specific explanation I could find of what is permitted when using a

celebritys name in a book title comes from the law offices of Lloyd J. Jassin,

and I quote from his website, http://www.copylaw.com ***

Use of Famous Names in Titles

Unauthorized Biographies: The First Amendment is thepatron saint

and protector of unauthorized biographies. Consequently, a well-known

person cannot stop the use of his or her name in the title of an unauthorized

biographical work solely on trademark precepts. The protection of the right

of free expression is so important that even where a right of publicity isrecognized (the right to commercial uses of one's name and image), the

public's right to know what prominent people have done or what has

happened to them is generally indulged.

The general rule is that as long as use of the celebrity's name is a literary or

expressive use (i.e., primarily editorial), and not a disguised advertisement

for the sale of goods or services (e.g., cookbooks), permission is not required.

Edited to add:
http://www.copylaw.com/


3/12



I have found at least nine other books that use "Sachin Tendulkar" or just his

first or last names in the book title, including one by Ayaz Memon, a writer I

have worked with in the past. Here's the link: Sachin Tendulkar: The Man

Cricket Loved Back - The world's best writers on India's biggest sporting

legend

Links and further reading:

*When to Use a Release

*Page on missouri.edu

**http://tmsearch.uspto.gov/

***http://www.copylaw.com/new_artic...

Updated 20 Nov 2014 View Upvotes
https://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=IvTx44YdMzKhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Archie-DCruzhttp://www.copylaw.com/new_articles/titles.htmlhttp://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4809:1xwdo2.1.1http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=2988&context=mlrhttp://fairuse.stanford.edu/overview/releases/when/http://books.rediff.com/similarbooks/9780670087488


4/12



Upvote Downvote Comments 2+ Share46

If a newspaper comes with a headline - "Tendulkar scored a century" - do you

think the paper asks permission from Sachin Tendulkar's brand managers?

Can you say "Sachin Tendulkar got out?" Can you write an article criticizing

Google's products? Can you write an article praising Sony without taking

permission from their marketing team? Can you write a movie review on

"Interstellar" without taking the permission of Christopher Nolan? Can you

write a book on Nolan's movies?

There are 4 reasonswhy I used Tendulkar's name for the book title:

1. India's biggest economic event came in 1991. It opened up the country and

changed the nation. Sachin's biggest event came in 1991 tour of Australia.In fact, a big chunk of the initial pages are about drawing parallels

between Indian economy and Sachin's career. The broader goal for the

book is to get p eople excited about h istory and see it through entertaining

analogies.

2. I divide India's history into two parts - the first 3 decades of Nehruvian

politics and last 3 decades that looks very different from Nehru's India.

Sachin was born in 1973 right at the end of the first era. Thus, I found it

very comfortable to logically d ivide - Tryst(Nehru's speech in 1947) for

first era and Tendulkar for the second era.

3. Indians are passionate and often united about two things - Politics and

Cricket. These two make people scream [and thus I have a screaming

woman for the cover]. Most Ind ian historians foc us mainly on the politics

part. I want to provide a more broader view and deliberately added sports

in the title. Tryst stands for politics and Tendulkar stands for Cricket.

Again, India is driven by personalities and find Nehru & Sach in impacting

a big chunk of their era.

4. The book covers the time betweenAugust 1947 and December 2013.

Nehru gave his "Tryst with Destiny" speech on August 15, 1947 and thus it

Balaji Viswanathan, History buff

64.6k Views Balaji is a Most Viewed Writer in India with 282 endorsements.
https://www.quora.com/topic/Indiahttps://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Balaji-Viswanathan-2


5/12



Upvote Downvote Comments 28+ Share 4

acts as the starting point. Sachin Tendulkar retired in the end of 2013 -

and marks the ending part of the book's era.

There are 4 reasonswhy I don't fear a lawsuit:

1. The book doesn't defame Sachin in any way. Rather it talks about him in

a completely positive way. People seldom complain about getting on the

history books, especially in a positive sense.

2. The book doesn't suggest or imply any kind of Sachin endorsement. For

instance, if I wrote a book on "Sachin Tendulkar suggested Batting

strokes" I might get into trouble. Also, I'm not selling a Cricket bat or

anything that might confuse with Sachin's brand.

3. There are enough reasons why his name was used in the book title as I

explained above. Thus, I can bring a creative defense based on relevance.

4. This book is a history book and about facts and events. Historically, history

books and documentaries carried as much freedom of speech

protection as news articles.

In summary, if I were trying to promote a Cricketing goods company or if I

were trying to defame any of Sach in's brands, there is a potential lawsuit. In

this case my lawyer has not said anything like that and I would continue to

use. it. There is a strong rationale for why I want to use Sachin Tendulkar's

name in the title and if in the totally unlikely event of this being sued, it could

be a landmark case on "Freedom of Speech" protections in India [making thebook itself to get on h istory books].

Updated 17 Nov 2014 View Upvotes Asked to answer by Siddharth Nandecha

2.2k

Anybody can sue anybody in India. But the chances of winning will

be ZERO in this case. 'Tendulkar' is not a registered surname nor is it

Ashutosh Jadhav, Full2 Desi!!

715 Views
https://www.quora.com/profile/Ashutosh-Jadhav-3https://www.quora.com/profile/Ashutosh-Jadhav-3https://www.quora.com/profile/Siddharth-Nandechahttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=bOzQhz3NEVihttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Balaji-Viswanathan-2


6/12



protected by any copyright laws for anywhere to infringe. In fact, there is

another famous Tendulkar that you should know of (actually there are many).

Sachin's father himself (Mr. Ramesh Tendulkar) was a famous marathi poet.

And there are many oth ers.

1) Mr. Vijay Tendulkar

Vijay Tendulkar(Marathi: ) (6 January 1928 19 May 2008)was a leading Indian playwright, movie and television writer, literary

essayist, political journalist, and social commentator primarily in Marthi .

He is best known for his plays Shantata! Court Chalu Aa he (1967),

Ghshirm Kotwl (1972), andSakhrm Binder (1972). Many of

Tendulkar's plays derived inspiration from real-life incidents or social

upheavals, which provides clear light on harsh realities. He provided his

guidance to students studying "playwright writing" in US universities. For

over five decades Tendulkar had been a highly influential dramatist and

theatre personality in Mahrshtra .

His daughter 2) Priya Tendulkar -
http://en.wikipedia.org/wiki/Priya_Tendulkarhttp://en.wikipedia.org/wiki/Mah%C4%81r%C4%81shtrahttp://en.wikipedia.org/wiki/Sakh%C4%81r%C4%81m_Binderhttp://en.wikipedia.org/wiki/Gh%C4%81shir%C4%81m_Kotw%C4%81lhttp://en.wikipedia.org/wiki/Shantata%21_Court_Chalu_Aahehttp://en.wikipedia.org/wiki/Mar%C4%81thihttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Vijay_Tendulkar


7/12



Upvote Downvote Comment Share

Priya Tendulkar (19542002)[1] was an Indian actress,[2] social

activist and a writer, who is most known for her eponymous role in the

television seriesRajani (1984).

And there are many suc h Tendulkars who have mad e their name in different

fields. Anybody can use their names. As Balaji sir has already told, he cannot

be sued for writing about h istory.

Written 16 Nov 2014 View Upvotes

3

While Balaji has properly stated all the reason I only wish to add the legal

aspect.

Sachin Tendulkar's name is a public property. He had this name before he

became sachin tendulkar. His name is a public property and is free to be

used for all legal purposes which do not harm his reputation. The book as

written by Balaji is quite clear when it tells in the subtitle itself tha t is about

India's history. In his book's title tendulkar is not a person but a historicalevent.

Suyash Manjul, We the People of India....

778 Views Upvoted by Balaji Viswanathan, Indian by Birth. Indian by Thought.
https://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/profile/Suyash-Manjulhttps://www.quora.com/profile/Suyash-Manjulhttps://www.quora.com/profile/Balaji-Viswanathan-2https://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=1rLbbqkyjuDhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Ashutosh-Jadhav-3https://www.quora.com/profile/Balaji-Viswanathan-2http://en.wikipedia.org/wiki/Rajani_%28TV_series%29http://en.wikipedia.org/wiki/Priya_Tendulkar#cite_note-Priya_.27Rajni.27_Tendulkar_passes_away-2http://en.wikipedia.org/wiki/Priya_Tendulkar#cite_note-Priya_Tendulkar-1


8/12




Sachin has already trademarked STand that is something which cannot be

used right away without permission. Tendulkar is a surname that is used by

quite a lot of people in Maharashtra.

You c annot play international cricket without BCCI's p ermission but tha t does

not mean that you cannot discuss it. Sachin Tendulkar's name is not an

intellectual property, neither are his records nor are the coinciding events.

Further, Indian courts do not recognize celebrity rights unless they harm the

reputation of the person concerned.

I am sure any lawsuit if ever initiated will fail miserably.

I know several authors that have not only used the names of people in their

title but have written complete books about those people without ever taking

permission from them. They never faced a lawsuit.


9

No

He cannot be sued

Sachin Tendulkar, in addition to being an individual, is also a phenomenon

His career coincided with two important phases in history

1. One day internationals. ODI grew with Sachin and as he retired T20 have

come to prominence.

2. The post 1990 liberalisation globalisation privatisation impact also coincided

with Sachin

If some one wants to trace growth of ODIs he cannot ignore Richards, Kapil,

Sachin

Same way

Bruno Mascarenhas, Assistant Professor of Neurosurgery, Author of

Medical Books, Blogger, Web De...

396 Views
https://www.quora.com/profile/Bruno-Mascarenhashttps://www.quora.com/profile/Bruno-Mascarenhashttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=YBMKEnsYA1Dhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Suyash-Manjul


9/12




If some one wants to write indian history of second half of 20th century sachin

cannot be avoided

I know sachin haters will not like this answer, but this is the hard truth

I find the title being correct and in fact acknowledging the phenomenon called

Sachin


2

Upvote Downvote Comments 1+ Share

Oh yes! Mr Vishwanathan can definitely be sued on using it because the sales

of his book will be affected by the use of the name 'Tendulkar'. The reason

being is that suppose I write a book and name it 'The land where the Tatas

lived'. Even though I may have written largely about India in this book and just

given a passing reference in a general sense about the Tatas, I still could be

sued on the basis of the suggested use of the surname because it holds a brand

value and signifies something p opular amongst th e general public,unlike any

other surname. The use of the name of the cricketing God in the title of the

book isn't the same as using it in a newspaper, a s Mr BalajI has p ointed it out.

People do not buy the newspaper because it contains a news article about

Sachin. Whereas the same cannot be said about a book. A book is something

much more specific and personal. Even though Sachin is not the only person

having this surname but the surname has been associated and largely

recognised with him. It has a typical brand value now. I would like to point out

that every reference of this surname would not entail taking permission from

Sachin but if their is an established connection between the reference and

content then a permission becomes necessary.


Manas Mamgain, My death is going to happen by being sarcastic at the

wrong time.

526 Views

4
https://www.quora.com/profile/Manas-Mamgainhttps://www.quora.com/profile/Manas-Mamgainhttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=MEMqfdQtFKmhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Manas-Mamgainhttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=1SUB3TDfsyhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Bruno-Mascarenhas


10/12



Boy, I hope Ramachandra Guha didn't get sued for this

and this

Uday Kiran, random guy lost in the series of tubes

599 Views
https://www.quora.com/profile/Uday-Kiranhttps://www.quora.com/profile/Uday-Kiran


11/12



4 Answers Collapsed (Why?)

Upvote Downvote Comment 1 Share


5


Aaahh .....?!! Keeping a side the p ossibility,who will have time for th at. Definitelynot Sachin at least.

Written 11 Dec 2014 View Upvotes

Naveen Indala, optimally pessimistic

135 Views

1

Top Stories from Your Feed

Ask QuestionHome Write Notifications Navin12

Ask Quora
https://www.quora.com/https://www.quora.com/https://www.quora.com/writehttps://www.quora.com/https://www.quora.com/https://www.quora.com/https://www.quora.com/profile/Naveen-Indalahttps://www.quora.com/profile/Naveen-Indalahttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=XPqA48kaSC7https://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Naveen-Indalahttps://www.quora.com/api/mobile_expanded_voter_list?type=answer&key=Yn2qWFJEKdPhttps://www.quora.com/Can-Balaji-Viswanathan-be-sued-for-using-Tendulkars-name-in-promoting-his-forthcoming-book-From-Tryst-to-Tendulkar-The-History-of-Independent-India/answer/Uday-Kiranhttps://www.quora.com/Official-Quora-Answers/Why-are-answers-on-Quora-collapsed


12/12



Answer written 2h

What does it feel like to go from

physically unattractive to

attractive?

Log mujhe patla

papad kh k bulate the

Fir meri life me nya

change aya ) DONT

WORRY !! :p...

Vivek Anand, eNtRePrEnEuR ||

iNtRoVeRt || aRtIsT || bAtMaN

141 Views

Top Content on Quora

What are some facts about India

that Indians are generally unaware

of?

Swapnil Kabra, Chartered accountant

5.5k Views Swapnil is a Most Viewed

Writer in Currencies.

Answer written 10am

What are some embarrassing

puberty stories?

Anonymous

2k Views

Read In Feed Read In Feed Read In Feed
https://www.quora.com/?qp_story=16498625&window_id=dep5004-1665487385043745323https://www.quora.com/?qp_story=16498502&window_id=dep5004-1665487385043745323https://www.quora.com/?qp_story=16508091&window_id=dep5004-1665487385043745323https://www.quora.com/What-are-some-embarrassing-puberty-storieshttps://www.quora.com/What-are-some-embarrassing-puberty-stories/answers/16498625https://www.quora.com/topic/Currencieshttps://www.quora.com/profile/Swapnil-Kabra-2https://www.quora.com/profile/Swapnil-Kabra-2https://www.quora.com/profile/Swapnil-Kabra-2https://www.quora.com/What-are-some-facts-about-India-that-Indians-are-generally-unaware-ofhttps://www.quora.com/profile/Vivek-Anand-154https://www.quora.com/profile/Vivek-Anand-154https://www.quora.com/What-does-it-feel-like-to-go-from-physically-unattractive-to-attractivehttps://www.quora.com/What-does-it-feel-like-to-go-from-physically-unattractive-to-attractive/answer/Vivek-Anand-154

Documents

(12) Can Balaji Viswanathan Be Sued for Using Tendulkar's Name in Promoting His Forthcoming Book, From Tryst to Tendulkar - The History of Independent India_ - Quora