1. I am the Marketing Director of a multinational company engaged in the FMCG sector. We have signed up an Indian cricketer participating in the ICC Cricket World Cup 2011 for endorsements. We intend to launch an advertisement featuring the player during February 2011. Are there any restrictions with respect to use of the player for endorsement purposes?
From one week prior to the start of the ICC Cricket World Cup 2011 and during the tournament, the participating player you have signed on may not appear in any of your commercial messaging wearing the Indian team kit, team uniform or practice kit, any other national team kit or anything that is confusingly similar. This includes, in the case of Indian players, t-shirts of the same blue colour that they currently wear or have worn in the past. The participating player, may, however, appear in your endorsement in casual gear or plain cricket whites. Further detail on the relevant regulation is available at http://static.icc-cricket.yahoo.net/ugc/documents/DOC_4F4A49058EED67A652… . Failure to comply with this obligation will amount to a material breach by the player of his obligations to his team and, in turn, the ICC. It is vitally important that this regulation is strictly followed. Any specific queries on this matter may be addressed to the ICC at enquiry@icc-cricket.com.
2. We are a leading travel agency in Mumbai specializing in custom-made travel and tour packages to international sporting events. We are planning to launch travel and tour packages to the ICC Cricket World Cup 2011. Are we permitted to provide match tickets as part of the packages? Further, are we allowed to use the ICC Cricket World Cup logo, mascot, etc. to promote these packages?
Two issues arise here. First, is whether your agency is permitted to offer travel and tour packages which include match tickets to the ICC Cricket World Cup. In this regard we request you to note that the right to promote and sell travel or tour packages is reserved exclusively for official travel agents (OTA’s) of the ICC and their authorised licensees. Unless licensed by the ICC or an OTA, you are not permitted to sell, or otherwise include, match tickets as part of the travel and tour package. Unlicensed sale of match tickets is a breach of the ticketing terms and conditions under which match tickets are sold. Any such sales of match tickets renders the relevant tickets void and access to the relevant match venue will not be granted to the ticket-holder.
The second issue is with regard to usage of ICC logos and word marks. Here it is necessary to understand that the ICC has granted certain exclusive rights to its sponsors, partners and licensees due to whose commercial participation the ICC Cricket World Cup is made possible. You are not permitted to use any logos or word marks of the ICC Cricket World Cup as this will result in an unauthorised commercial association with the ICC Cricket World Cup.
Further detail on permissible and impermissible use of marks, logos, tickets and content is available in the ICC’s Brand and Content Protection Guidelines available at: http://l.yimg.com/a/i/in/cricket/icc_cwceventinfo/icc_branding_guidelines_nov18.pdf.
3. We are a software company based out of Bangalore. We would like to reward some of our high-performing employees with an opportunity to watch some of the ICC Cricket World Cup matches at the M. Chinnaswamy stadium. We intend to buy tickets in bulk and hand them to our employees. We would also like our employees to go for the matches in our company t-shirts. Is this permitted?
If you are sending a set of your employees to any of the ICC Cricket World Cup matches, they should not wear t-shirts bearing prominent company logos. This is because any such act will be considered an attempt to commercially associate with the event and is specifically not permitted by the ticket terms.
The ICC will be deploying “spotters” at each stadium who will be closely watching the spectators to detect instances of unlicensed commercial association with the event. If a group of employees are spotted wearing company branded t-shirts, they may be requested to change their clothing or may be denied stadium access of required to leave the stadium.
Disclaimer: Please note that the above is general information only and is not intended to serve as legal advice or as a substitute for legal counsel.
