20 September 2018 last updated at 11:26 GMT
 
BCCI legal notice to Kundra
Monday 16 October 2017

BCCI legal notice to Kundra
Says businessman cannot use 'IPL' in Poker League
Long before Raj Kundra was told not to take part in Sunday’s charity football match between cricketers and Bollywood stars, the former owner of Rajasthan Royals had got a legal notice from the Board of Control for Cricket in India (BCCI) over his new venture – Indian Poker League (IPL). Both are engaged in alegal battle ever since.
The BCCI legal notice, sent on August 25, asked Kundra -- banned by the Supreme Court in relation to the 2013 IPL spot-fixing scandal -- to refrain from calling his upcoming poker league as Match IPL.
"The BCCI has recently been made aware and thereby shocked to learn, of the International Federation of Poker’ (“IFP”) and Viaan Industries Limited’s (“Viaan”) blatantly unlicensed and illegal use of the ‘IPL’ proprietary name to promote the Match Indian Poker League (“Poker League”) on various platforms,” the BCCI legal notice, sent by Roshan Gopalakrishna of Copyright Integrity Advisory Private Limited, read.
The notice pointed out that the ‘IPL’ name is a protected word mark that is owned by the BCCI. “Therefore, any unlicensed commercial use of the ‘IPL’ name, whether on a standalone basis or in combination with other words, such as in the case of ‘Match IPL’, constitutes an infringement of the BCCI’s rights,” the notice said stating that the BCCI reserves the “right to take any further action it may deem appropriate to protect it rights and interests in this matter.” The legal notice was also sent to Switzerland- based Patrick Nally, president of International Federation of Poker.
Kundra put up a defiant posture stating that the notice is devoid of merit. “The use of term “IPL” in conjunction with the terms “MATCH” and “INDIAN POKER LEAGUE” is inherently distinctive and is verily allowed under law. More so, with the artistic elements, colour combination et al., the label mark is even more distinctive and is easily distinguishable.
“It is well established principle that amark shall be considered as a whole for the purpose of comparison, which leaves no doubt that our client’s mark is completely different and dissimilar from each and every mark of your client. Evidently, there is no phonetic or visual similarity, which can lead to any confusion, whatsoever, which is, as a matter of fact, not even alleged by your clients in the letter,” Kundra’s counsel Subhash Bhutoria replied a few days later.
The matter got stuck there with both parties sticking to their guns. As reported by this paper on August 14, Kundra was prevented from participating in the Sunday’s game by the organisers as the BCCI was unwilling to allow the cricketers if he had taken part.

Long before Raj Kundra was told not to take part in Sunday’s charity football match between cricketers and Bollywood stars, the former owner of Rajasthan Royals had got a legal notice from the Board of Control for Cricket in India (BCCI) over his new venture – Indian Poker League (IPL). Both are engaged in alegal battle ever since.

The BCCI legal notice, sent on August 25, asked Kundra -- banned by the Supreme Court in relation to the 2013 IPL spot-fixing scandal -- to refrain from calling his upcoming poker league as Match IPL.

"The BCCI has recently been made aware and thereby shocked to learn, of the International Federation of Poker’ (“IFP”) and Viaan Industries Limited’s (“Viaan”) blatantly unlicensed and illegal use of the ‘IPL’ proprietary name to promote the Match Indian Poker League (“Poker League”) on various platforms,” the BCCI legal notice, sent by Roshan Gopalakrishna of Copyright Integrity Advisory Private Limited, read.

The notice pointed out that the ‘IPL’ name is a protected word mark that is owned by the BCCI. “Therefore, any unlicensed commercial use of the ‘IPL’ name, whether on a standalone basis or in combination with other words, such as in the case of ‘Match IPL’, constitutes an infringement of the BCCI’s rights,” the notice said stating that the BCCI reserves the “right to take any further action it may deem appropriate to protect it rights and interests in this matter.” The legal notice was also sent to Switzerland- based Patrick Nally, president of International Federation of Poker.

Kundra put up a defiant posture stating that the notice is devoid of merit. “The use of term “IPL” in conjunction with the terms “MATCH” and “INDIAN POKER LEAGUE” is inherently distinctive and is verily allowed under law. More so, with the artistic elements, colour combination et al., the label mark is even more distinctive and is easily distinguishable.

“It is well established principle that amark shall be considered as a whole for the purpose of comparison, which leaves no doubt that our client’s mark is completely different and dissimilar from each and every mark of your client. Evidently, there is no phonetic or visual similarity, which can lead to any confusion, whatsoever, which is, as a matter of fact, not even alleged by your clients in the letter,” Kundra’s counsel Subhash Bhutoria replied a few days later.

The matter got stuck there with both parties sticking to their guns. As reported by this paper on August 14, Kundra was prevented from participating in the Sunday’s game by the organisers as the BCCI was unwilling to allow the cricketers if he had taken part.

(Courtesy: Mumbai Mirror)

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