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2022-05-17 22:16:18 +00:00

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Are you the copyright holder or authorized to act on the copyright owner's behalf?

Yes, I am authorized to act on the copyright owner's behalf.

Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?

Does your claim involve content on GitHub or npm.js?

Both

Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.

17 May 2022

To the Platform Owner:

This notice is being delivered to you in relation to:

Sirs,

We represent the legal interests of the Board of Control for Cricket in India ("BCCI") the governing body for cricket in India and the governing body of the TATA Indian Premier League 2022 ("IPL"). The unauthorised use of the IPL proprietary footage, names, marks and logos by a mobile applications on github.com(as evidenced by the sample images appended to this email), has been brought to the BCCI's attention. The mobile application(s) using the IPL proprietary footage, names, mark and logo has been identified and is accessible, as of the date of this notice, at the following URL(s):

https://github.com/website-data/data
https://github.com/website-data/logo

At the outset, please note that any unlicensed commercial use and exploitation of the names 'Indian Premier League', ‘TATA IPL', 'IPL T20', 'IPL', 'IPL Twenty20' or any combination thereof; or the BCCI’s proprietary logos and marks (including those of current and previous editions of the IPL), the IPL team names, marks and logos, the IPL trophy or images constitutes an infringement of the BCCI’s intellectual property rights. In addition, the IPL and its official broadcaster retain all rights to license live streaming of footage (live or otherwise) relating to the IPL ("IPL Footage"). In addition, any unauthorised or unlicensed commercialisation of IPL Footage constitutes a violation of the BCCI's as well as its official broadcaster's rights. These rights include, without limitation, TV Live Broadcast Rights and TV Highlights Rights, Mobile Rights and Internet Rights for Live, Deferred, Delayed broadcasts and Highlights for all matches relating to the Licensed Properties on television and on the Internet (“Exclusive Rights”). These Exclusive Rights have been licensed to Star India Private Limited (“STAR”) for the entire world and as an authorized licensee it is entitled to enforce these rights.
To our knowledge, the mobile applications and its use of the IPL proprietary footage, name, mark and logo therein have not been licensed by the BCCI. Further, its use of the IPL proprietary footage, names, marks, logos and other recognisable elements on the mobile applications represents a clear attempt on the part of such third party to commercially associate with the BCCI and benefit from its immense popularity and goodwill. In as much as it creates a false impression of an official association between such third party and the BCCI, the mobile application being made available by them may be subject to an action for passing off. Please be advised that the BCCI 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 as background, we demand that, on behalf of github.com and all of its functionaries and affiliates, you

(i) acknowledge receipt of this email immediately;

(ii) cease and desist from listing mobile applications using the IPL proprietary footage, names, marks and logos on your platform;

(iii) remove all references to the IPL, its proprietary names, marks, logos and all references to related names and marks from the listings of unlicensed third parties;

(iv) ensure unlicensed developers cease and desist from associating, in any manner whatsoever, with the IPL and/or BCCI; and

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

Please note that in the event of your failure to comply within 24 hours from the receipt of this notice, the BCCI 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.
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.
I have a good faith belief that the use of the Copyrighted Content as described above is not authorised by the copyright owner, its agent, or the law.
I understand that this notice may lead to the termination of the user account and URLs associated with the infringements detailed above.
I swear, under the penalty of perjury, that the information in this notice is accurate and that I am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
I have taken fair use into consideration.

Truthfully,

[private], Copyright Integrity International
[private]
Authorised agent for: Board of Control for Cricket in India

Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.

Authorised example of the work can be viewed at the following URL: https://www.hotstar.com/in/sports/cricket/tournament/TATA-ipl-2022-329

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.

https://github.com/website-data/data
https://github.com/website-data/logo

Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.

Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.

Is the work licensed under an open source license?

What would be the best solution for the alleged infringement?

Reported content must be removed

Do you have the alleged infringer’s contact information? If so, please provide it.

I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.

I have taken fair use into consideration.

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

I have read and understand GitHub's Guide to Submitting a DMCA Takedown Notice.

So that we can get back to you, please provide either your telephone number or physical address.

[private]

Please type your full legal name below to sign this request.

[private]

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