Legal Question in Intellectual Property in India

I had developed and uploaded an application(software) name 'World T20 2012' onto the Android market.The application provides the users with the schedule of the cricket tournament conducted by International Cricket Council.The application is free to download and is supported by Ads. .I had also included a modified version of the tournament logo in the application.The application has been there for about a month.Today I got a mail from ICC legal representatives asking me to immediately remove my application saying that both the logo and the names WT20 were their properties.

This was the e-mail content:

Please note that any unlicensed commercial use and exploitation of the names �International Cricket Council�, �ICC�, �ICC World Twenty20 2012�, �ICC World Twenty20�, �ICC World Twenty20 Sri Lanka 2012�, �World Twenty20 2012�, �ICC WT20�, �ICC T20�, �World Twenty20 Sri Lanka� or any combination thereof or the ICC�s proprietary logos (including logos of previous ICC World Twenty20 events or other ICC events) constitutes an infringement of the ICC�s intellectual property rights. In addition, any unlicensed commercial utilization of the ICC�s names or proprietary logos is in violation of the exclusive rights granted to ICC�s sponsors, licensees and partners.

Please also note that mobile applications that utilise the ICC World Twenty20 Sri Lanka 2012 proprietary names and/or logos may not be offered or made available without a license. To our knowledge, your mobile application and usage of ICC intellectual property has not been licensed by the ICC and the ICC takes serious note of any such violations, whether or not intentional, and will do all things necessary to protect its rights in this matter.

With this background, we demand that you:

(i) acknowledge receipt of this legal notice immediately;

(ii) cease and desist from offering any software or mobile applications in relation to the ICC World Twenty20 Sri Lanka 2012;

(iii) cease and desist from making unlicensed use of the ICC proprietary names, marks and logos and remove all references to the ICC, its proprietary names, logos and all references to related names and marks from your products and services;

(iv) cease and desist from associating, in any manner whatsoever, with the ICC World Twenty20 Sri Lanka 2012 and/or the ICC; and

(v) confirm in writing your full compliance with each of the above demands.

For your reference, the ICC World Twenty20 Sri Lanka 2012 Brand and Content Protection Guidelines are available at:http://static.icc-cricket.com/ugc/documents/DOC_02CEB03F70B8D12E40C4BC0F08AB668F_1345112930014_961.pdf

Please note that in the event of your failure to comply with all of the above by close of business on Thursday, 20 September 2012, the ICC and its licensees reserve the right to take any further action they may deem appropriate to protect their rights and interests in this matter, including but not limited to, legal proceedings.

While I recognize that usage of their logo is indeed illegal.But what about general names like 'world t20' etc. Would it be legal to continue with my application after removing their logo...?Any other changes I need to do to be able to continue my application?Like maybe put an 'unofficial' in brackets next to the name.Surely, posting the schedule of a public event cant be illegal..?

Thanks,

Shyam Sunar


Asked on 9/18/12, 6:35 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

a lawyer has to go through the legal notice sent to you by the the appropriate authority directing you to close the business by 20th September. you may visit www.karvai.in for further guidance.

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Answered on 9/18/12, 10:09 am


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