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The letter we received...
Formula One: Online games infringement
Dear Sir / Madam
Your websitehttp://www.racing-leagues.co.uk/ includes an interactive game product, which has been brought to our attention as it includes intellectual property which is Formula One related.
We therefore would appreciate your being aware of the rights which relate to such material which exist.
As you may know, Formula One World Championship Limited (“FOWC”) has the exclusive rights to manage, control and exploit all audio and audio-visual material rights world-wide of any kind whatsoever (including but not limited to film, television, radio, video, mobile devices, DVD, CD Rom, MP3 and MP4, the Internet and any other electronic media of any kind and all exploitation thereof) in, of or pertaining to the FIA FORMULA ONE WORLD CHAMPIONSHIP. Accordingly, no audio and/or audio-visual material (including stills from moving picture images) of any Formula One event (including official events and test sessions) and/or any official logos, trade marks and/or copyright protected material such as results, timing data and official regulations (“Formula One Material”) may be used with or on any product unless specifically and expressly authorised by FOWC.
Furthermore, the devices (F1 FORMULA 1, F1 and the FIA FORMULA 1 WORLD CHAMPIONSHIP), the expressions FORMULA ONE, FORMULA 1, F1, FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX and any permutations or foreign language equivalents and related trade marks thereof are trade marks adopted, owned and/or registered by Formula One Licensing B.V. (part of the Formula One group of companies) and in respect of which FOWC has the commercial exploitation rights, (the “Marks”, each being a “Mark”). These Marks may only be used with FOWC’s express authorisation and may not under any circumstances be adopted by a third party as part of a company, trading or Internet domain name, or used on any item or in any other manner which might imply an official connection with FOWC, the FIA Formula One World Championship or Formula One motor racing generally.
In addition, you should be aware that other rights exist in Formula One team elements (including Team logos/marks/imagery, driver names/imagery, car designs and liveries) and Grand Prix names which need to be respected and in this regard FOWC is authorised to collectively licence the inclusion of the Formula One teams element, Event names and circuits layouts in interactive game products together with the Formula One Material and Marks (“Formula One Elements”). In the circumstances, it is not possible to produce an interactive game (including but not limited to console, PC, mobile device, simulator, pod and/or on line via the Internet or otherwise) based upon the FIA Formula One World Championship using the Formula One Elements without an appropriate licence from FOWC.
From considering some of the pages displayed and accessed from your site, it is clear that the Unlicensed Game is using Formula One Elements. Use of Formula One Elements is something that is licensed by FOWC and they are unaware of any licence for your company or any other in relation to this Unlicensed Game.
Further please be advised that FOWC currently has an exclusive worldwide interactive game products agreement with a third party, who is fully utilising these rights. This Unlicensed Game and any other use of the Formula One Elements in an Interactive game products therefore is not just an issue for us but also could compromise the licence with such third party.
Please immediately cease all such infringements on any and all of your web sites and confirm to us via email that you have done so.
Nothing in this letter is intended or shall be construed to constitute an express or implied waiver of any of FOL's or FOWC's rights or remedies, including any rights or remedies in respect of infringement not explicitly stated, whether current or in the future, all of which are expressly reserved.
I hereby state that FOWC and FOL are the owners of the exclusive rights referenced above and that NetResult Solutions is authorised to act on their behalf with respect to internet monitoring and compliance. On behalf of FOWC and FOL I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorised by FOL or FOWC, their agents, or the law.
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