IPL lays down usage norms of IPL intellectual property content by print media

Vide an email dated April 8, 2021, Roshan Gopalakrishna, Chief Legal Counsel of the Indian Premier League (IPL) has forwarded a communication to the Indian Newspaper Society (INS) regarding usage of IPL intellectual property content by print media publications during IPL 2021, which commences from today (April 9, 2021) and will continue till May 30, 2021.

This letter of advance notification clarifies what constitutes permissible and impermissible activity in relation to the VIVO IPL, so as to prevent any inadvertent infringements of IPL Names, IPL Marks and IPL Proprietary Content by the print media.

While affirming that IPL is the owner of all IPL Names (proprietary names), IPL Marks (proprietary marks and logos) and IPL Proprietary Content (other proprietary and protected content), the letter states the following:

VIVO, TATA Motors, Dream11, Unacademy, CRED, Upstox, Paytm and CEAT are currently the exclusive sponsors and partners of the VIVO IPL. Certain other sponsors and partners may be designated by the IPL from time to time; 

Other than the entities specified herein above and their authorised licensees and sub-licensees, no entity is entitled to make unlicensed use for commercial purposes of any or all of the IPL Names, IPL Marks and IPL Proprietary Content (other than for activities that are primarily for news reporting and journalistic in nature, activity and scope), or commercially associate in any other way, either expressly or impliedly, including through marketing promotions, contests, advertising, fantasy games or other commercial activity, online or otherwise, with the IPL or the VIVO IPL;

More specifically, without license, print media publications may not:

(i) use any or all of the IPL Names, IPL Marks and IPL Proprietary Content in conjunction with any advertisement, message, name, logo, trade mark or word mark of any third party; 

(ii)  publish any article, match synopsis, match review, or snap-shot relating to the VIVO IPL or any previous IPL seasons that uses any or all of the IPL Names, IPL Marks and IPL Proprietary Content in conjunction with any advertisement, message, name, logo, trade mark or word mark of a third party; 

(iii) publish any photograph that relates to the VIVO IPL or any previous season of the IPL that is sponsored by any third party, or contains catchphrases that refer to any third party (e.g., “‘Entity A’ Moment of the Match”); 

(iv) publish third party sponsored or presented score-cards of VIVO IPL matches; 

(v) publish third party sponsored capsules or tables containing fixtures, timings and/or venue details of VIVO IPL matches; 

(vi) publish any syndicated column that displays any or all of the IPL Names, IPL Marks and IPL Proprietary Content and displays the advertisement, message, name, trade mark, word mark or logo of any commercial or non-commercial entity/entities; 

(vii) publish a special page, section or supplement relating to VIVO IPL that displays any or all of the IPL Names, IPL Marks, and IPL Proprietary Content in conjunction with any advertisement, message, name, logo, trade mark or word mark of a third party; or 

(viii) publish still images by altering or deliberately removing, replacing or obscuring any logo of a sponsor of the IPL, a participating team or a participating player;

Print media publications can utilise the official logo of the VIVO IPL for journalistic, news reporting and non-commercial purposes only;

In the event that print publications have entered into an arrangement with the IPL’s official broadcast partner, STAR India, or the IPL’s official digital streaming partner, Disney+ Hotstar, to advertise during or sponsor live broadcasts or streams of the VIVO IPL, they are not thereby entitled to use IPL Names or IPL Marks (only their association with the live broadcast/ streaming service may be promoted);  

In the event that print publications are associated with any of the franchises participating in the VIVO IPL, as a partner or sponsor, such association permits the publications to use only the names, marks, designation and proprietary content of the franchise (as agreed with such franchise owner) and does not permit them, by means of such relationship, to use IPL Names, IPL Marks and IPL Proprietary Content in their marketing communications or promotions. The print media publications may not use the current or previous IPL logos or the names ‘IPL’, ‘VIVO IPL’, ‘Indian Premier League’ or ‘VIVO Indian Premier League’ or names associated with previous editions of the event in any of their marketing communications or promotions;

The letter goes on to state that the IPL has engaged the services of a specialised agency to monitor the usage of IPL Names, IPL Marks and IPL Proprietary Content by the print media during the VIVO IPL. It also warned of legal action in case of any breach of the exclusive rights granted by the IPL to its sponsors, partners and licensees.