AnmolJ
International Cricketer
- Joined
- May 8, 2010
- Profile Flag
- India
BCCI is sending legal notice to Cricket 19 content creators to not to publish any content and remove the existing content related to IPL or BCCI. One of my friend received this email yesterday. Here's the mail
1. We represent the legal interests of the Board of Control for Cricket in India, ("BCCI") the governing body for cricket in India. The BCCI owns and organises the Indian Premier League (“IPL”), an annual multi-franchise twenty-20 cricket league, which is widely regarded as the premier domestic twenty-20 tournament in the world.
2. It has recently come to the BCCI’s attention that xxx is making available streams (“Infringing Broadcasts”) of simulated cricket matches (the “Infringing Simulations”) contested by:
a) virtual versions of IPL teams (“IPL Teams”) and players participating in the IPL (“IPL Players”); and
b) virtual versions of the Indian national cricket team (“National Team”) and National Team players (“National Team Players”) featured in the official kit.
3. The Infringing Broadcasts are being made available, inter alia, on xxx’s YouTube channel (as available at: xyz.com).
4. To the considerable shock and disappointment of the BCCI, the Infringing Simulations appear to be making unlicensed use of the BCCI logo, names, images and likeness of the National Team Players as featured in the National Team's official kit (together, “BCCI IP”); as well as unlicensed use of proprietary names and logos of the IPL (“IPL IP”); proprietary names, marks and designs of IPL teams (“IPL Team IP”); and, the names, images and likeness of IPL Players (“IPL Player Attributes”) as evidenced by the sample screenshots of the Infringing Simulations and Infringing Broadcasts appended to this notice.
5. Please be advised that any unlicensed utilisation of the BCCI IP and IPL IP is in violation of the exclusive rights granted to the BCCI's licensees, sponsors and partners. No entity is permitted to commercialise any of the BCCI’s and/or the IPL's names, trademarks, logos or images in a manner that suggests an association between a third party and such of the BCCI’s intellectual property rights.
6. It has also come to the BCCI’s attention that the Infringing Simulations appear to be simulated on multi-platform cricket video games titled ‘Cricket 19’ and ‘Ashes Cricket’, which are developed and marketed by Big Ant Studios Pty. Ltd. (“Big Ant Studios”). In this regard, please be advised that all IPL Team IP and the IPL Player Attributes have been licensed on an exclusive basis to the BCCI by the IPL Teams and IPL Players with respect to the use of such intellectual property in video games, mobile games, virtual simulation games/apps and similar products (“Gaming and Simulation Products”) relating to the IPL.
7. Please note that the BCCI has the exclusive rights to license, sub-license or permit the use of BCCI IP, IPL Team IP and the IPL Player Attributes in any Gaming and Simulation Products relating to the National Team and the IPL (“Exclusive Rights”). Other than the BCCI or its designated licensees and sublicensees, no person or entity may make unlicensed use or enable or facilitate, directly or indirectly, the unlicensed use of BCCI IP, IPL Team IP or IPL Player Attributes in any Gaming and Simulation Products.
8. To our knowledge, neither you nor Big Ant Studios have been granted a license to use any BCCI and IPL related intellectual property, including BCCI IP, IPL Team IP and IPL Player Attributes in Gaming and Simulation Products or related activities thereto. Consequently, the unlicensed use of BCCI IP, IPL Team IP or IPL Player Attributes by xxx in the Infringing Broadcasts constitute an infringement of not only the Exclusive Rights of the BCCI but also the intellectual property rights of the IPL Teams and publicity rights of the individual National Team Players and IPL Players.
9. As you are no doubt aware, the BCCI devotes significant time and resources to ensure that the National Team and IPL are appreciated as world class, and to ensure that its partners and sponsors are protected. Any unlicensed association sought to be created between the National Team or the IPL, and third parties, could result in considerable, irreparable damage to the reputation of the IPL and the BCCI and thus, cannot be countenanced under any circumstances whatsoever.
10. Further, the use of other recognisable elements associated with the BCCI, the National Team and the IPL in the Infringing Simulations, such as the official National Team jersey/kit, IPL Team uniforms, the names and logos of actual sponsors/partners of the National Team and IPL Teams and the use of “IPL” to refer to the Infringing Broadcasts (as evidenced by the sample screenshots attached) represents a clear attempt to create a commercial association with the BCCI and IPL and thereby benefit from the immense popularity and goodwill generated by the National Team and the IPL. In as much as it creates a false impression of an official association among xxx, BCCI and the IPL, the Infringing Broadcasts may be subject to an action for passing off.
11. The BCCI is also disappointed to note that as the world is currently facing an unprecedented crisis due to the Covid-19 pandemic, which has resulted in the postponement and cancellation of various sports events, including the IPL, you have used this opportunity to act with manifestly malafide and immoral intentions by misappropriating the Exclusive Rights of the BCCI and seeking to benefit from unjust commercial enrichment in the process at this sensitive time.
12. The BCCI takes serious note of your violations and conduct and will do all things necessary to protect its rights in this matter. With this as background, and without prejudice to any of the BCCI’s legal remedies, we hereby demand that on behalf of xxx, you:
a) Immediately acknowledge receipt of this notice;
b) Immediately cease and desist from offering/undertaking and/or enabling the Infringing Simulations and the Infringing Broadcasts and immediately withdraw from circulation and delete any existing Infringing Broadcasts or Infringing Simulations making use of BCCI IP, IPL Team IP or IPL Player Attributes;
c) Immediately cease and desist from using and/or enabling the use of the BCCI IP, IPL Team IP and the IPL Player Attributes in any Gaming and Simulation Products owned and/or controlled by you;
d) Immediately cease and desist from misappropriating and associating, in any manner whatsoever, with the IPL, the National Team and/or the BCCI through use of BCCI or IPL intellectual property or any names and marks that are confusingly similar; and
e) Confirm in writing your compliance with each of the demands above.
13. In the event of your failure to comply with the above demands within forty-eight (48) hours from the receipt of this notice, the BCCI reserves the right to take any further action it may deem appropriate to protect its rights and interests in this matter.
14. Please be advised that this notice is not, and is not intended to be, a complete statement of the facts or law as they may pertain to this matter or of the BCCI’s positions, rights or remedies, legal or equitable, all of which are specifically reserved. This legal notice does not diminish all or any of the BCCI’s rights under law, all of which are specifically reserved.
1. We represent the legal interests of the Board of Control for Cricket in India, ("BCCI") the governing body for cricket in India. The BCCI owns and organises the Indian Premier League (“IPL”), an annual multi-franchise twenty-20 cricket league, which is widely regarded as the premier domestic twenty-20 tournament in the world.
2. It has recently come to the BCCI’s attention that xxx is making available streams (“Infringing Broadcasts”) of simulated cricket matches (the “Infringing Simulations”) contested by:
a) virtual versions of IPL teams (“IPL Teams”) and players participating in the IPL (“IPL Players”); and
b) virtual versions of the Indian national cricket team (“National Team”) and National Team players (“National Team Players”) featured in the official kit.
3. The Infringing Broadcasts are being made available, inter alia, on xxx’s YouTube channel (as available at: xyz.com).
4. To the considerable shock and disappointment of the BCCI, the Infringing Simulations appear to be making unlicensed use of the BCCI logo, names, images and likeness of the National Team Players as featured in the National Team's official kit (together, “BCCI IP”); as well as unlicensed use of proprietary names and logos of the IPL (“IPL IP”); proprietary names, marks and designs of IPL teams (“IPL Team IP”); and, the names, images and likeness of IPL Players (“IPL Player Attributes”) as evidenced by the sample screenshots of the Infringing Simulations and Infringing Broadcasts appended to this notice.
5. Please be advised that any unlicensed utilisation of the BCCI IP and IPL IP is in violation of the exclusive rights granted to the BCCI's licensees, sponsors and partners. No entity is permitted to commercialise any of the BCCI’s and/or the IPL's names, trademarks, logos or images in a manner that suggests an association between a third party and such of the BCCI’s intellectual property rights.
6. It has also come to the BCCI’s attention that the Infringing Simulations appear to be simulated on multi-platform cricket video games titled ‘Cricket 19’ and ‘Ashes Cricket’, which are developed and marketed by Big Ant Studios Pty. Ltd. (“Big Ant Studios”). In this regard, please be advised that all IPL Team IP and the IPL Player Attributes have been licensed on an exclusive basis to the BCCI by the IPL Teams and IPL Players with respect to the use of such intellectual property in video games, mobile games, virtual simulation games/apps and similar products (“Gaming and Simulation Products”) relating to the IPL.
7. Please note that the BCCI has the exclusive rights to license, sub-license or permit the use of BCCI IP, IPL Team IP and the IPL Player Attributes in any Gaming and Simulation Products relating to the National Team and the IPL (“Exclusive Rights”). Other than the BCCI or its designated licensees and sublicensees, no person or entity may make unlicensed use or enable or facilitate, directly or indirectly, the unlicensed use of BCCI IP, IPL Team IP or IPL Player Attributes in any Gaming and Simulation Products.
8. To our knowledge, neither you nor Big Ant Studios have been granted a license to use any BCCI and IPL related intellectual property, including BCCI IP, IPL Team IP and IPL Player Attributes in Gaming and Simulation Products or related activities thereto. Consequently, the unlicensed use of BCCI IP, IPL Team IP or IPL Player Attributes by xxx in the Infringing Broadcasts constitute an infringement of not only the Exclusive Rights of the BCCI but also the intellectual property rights of the IPL Teams and publicity rights of the individual National Team Players and IPL Players.
9. As you are no doubt aware, the BCCI devotes significant time and resources to ensure that the National Team and IPL are appreciated as world class, and to ensure that its partners and sponsors are protected. Any unlicensed association sought to be created between the National Team or the IPL, and third parties, could result in considerable, irreparable damage to the reputation of the IPL and the BCCI and thus, cannot be countenanced under any circumstances whatsoever.
10. Further, the use of other recognisable elements associated with the BCCI, the National Team and the IPL in the Infringing Simulations, such as the official National Team jersey/kit, IPL Team uniforms, the names and logos of actual sponsors/partners of the National Team and IPL Teams and the use of “IPL” to refer to the Infringing Broadcasts (as evidenced by the sample screenshots attached) represents a clear attempt to create a commercial association with the BCCI and IPL and thereby benefit from the immense popularity and goodwill generated by the National Team and the IPL. In as much as it creates a false impression of an official association among xxx, BCCI and the IPL, the Infringing Broadcasts may be subject to an action for passing off.
11. The BCCI is also disappointed to note that as the world is currently facing an unprecedented crisis due to the Covid-19 pandemic, which has resulted in the postponement and cancellation of various sports events, including the IPL, you have used this opportunity to act with manifestly malafide and immoral intentions by misappropriating the Exclusive Rights of the BCCI and seeking to benefit from unjust commercial enrichment in the process at this sensitive time.
12. The BCCI takes serious note of your violations and conduct and will do all things necessary to protect its rights in this matter. With this as background, and without prejudice to any of the BCCI’s legal remedies, we hereby demand that on behalf of xxx, you:
a) Immediately acknowledge receipt of this notice;
b) Immediately cease and desist from offering/undertaking and/or enabling the Infringing Simulations and the Infringing Broadcasts and immediately withdraw from circulation and delete any existing Infringing Broadcasts or Infringing Simulations making use of BCCI IP, IPL Team IP or IPL Player Attributes;
c) Immediately cease and desist from using and/or enabling the use of the BCCI IP, IPL Team IP and the IPL Player Attributes in any Gaming and Simulation Products owned and/or controlled by you;
d) Immediately cease and desist from misappropriating and associating, in any manner whatsoever, with the IPL, the National Team and/or the BCCI through use of BCCI or IPL intellectual property or any names and marks that are confusingly similar; and
e) Confirm in writing your compliance with each of the demands above.
13. In the event of your failure to comply with the above demands within forty-eight (48) hours from the receipt of this notice, the BCCI reserves the right to take any further action it may deem appropriate to protect its rights and interests in this matter.
14. Please be advised that this notice is not, and is not intended to be, a complete statement of the facts or law as they may pertain to this matter or of the BCCI’s positions, rights or remedies, legal or equitable, all of which are specifically reserved. This legal notice does not diminish all or any of the BCCI’s rights under law, all of which are specifically reserved.
