Can a contestant use brand name for his own business

941 votes

No the masterchef logo cannot be used by an eliminated contestant who has not reached the top 10 contestants. If it is used it will amount to passing off. The logo can only be used if a license is acquired for using the same.

Advocate Srishti Saxena LawRato

960 votes

No. This will be infringement of trademark and branding rights of MasterChef. They can initiate proceedings against you for infringement of trademark. It is opined not to use their brand without obtaining a no objection from them.

Advocate Ankit Chaturvedi LawRato

836 votes

There's limitations to use master chef logo on your website or for your business. Being you as contestant you can use master chef as word mark or I will say master chef brand for reference only, you are not allowed or permit to use its logo because they are not your partner or your client. You can only use it as reference, for instance like put your master chef YouTube videos link on your web or social media for reference, print media you can just refer that you have been on master chef reality show etc., but if you use their logo you are subject to TM infringement. Also I suggest you to explore more T more copyright aspects involve in restaurant business like unique way of preparing something and lot other thing you can cover under IP portfolio that help your business success and growth. Maggi masala & coca cola is bestseller among their own industry they protected their recipe under trade secrets. I will highly recommend you to speak to IP lawyer to understand how intellectual property can help your business grow and restrict your market competition.

Advocate Nischal Arvind Singh LawRato

579 votes

An eliminated contestant of Masterchef would be entitled to use the name of Masterchef to factually describe that he/she was a contestant of Masterchef but I would not advise him/her to use the Masterchef logo or call himself/herself as Masterchef. Any use of the Masterchef name in a factual manner would be allowed as nominative fair use but undue prominence to the name, misuse of the name or use of the Logo may invite trademark or copyright action from the owners.

Advocate Ishani Chandra LawRato

592 votes

No. An eliminated contestant of Masterchef can at best state factually that she was a contestant for Masterchef but she cannot use the logo of Masterchef for promoting her own business as that would amount to trademark and copyright action from the owners or managers of the Masterchef. In no way should an eliminated contestant should call herself a Masterchef. At best, factual use of his being associated with Masterchef would fall under 'fair dealing' as per the provisions of Copyright Act, 1957. But any undue prominence of the name or logo of the misuse thereof would amount to infringement of trademark and copyright. There are limitations to use masterchef logo on your website or for your business. She can use masterchef as word mark and brand for reference only but not allowed or permit to use its logo because they are her your partner or client. Putting masterchef YouTube videos link on your web or social media for reference or on print media would fall under fair dealing. If she still want to use the brand logo for promoting business, then she should obtain a no objection certificate from them and acquire a licence to use the logo otherwise that would amount to trademark infringement/passing off.

LawRato LawRato