Football Index business plan and “Footballer Intellectual Property”
Request
I am particularly seeking the written legal opinion referred to in Fame Ventures’ original Football Index business plan under the section concerning “Footballer Intellectual Property”, which states that Fame Ventures had received advice from a “celebrity IP specialist” that the game did not infringe the IP rights of the “Names” on the exchange.
Please provide the following recorded information held by the Gambling Commission:
The written legal opinion referred to in the Fame Ventures business plan concerning whether Football Index infringed the IP rights of footballers/“Names” on the exchange.
Any earlier or subsequent legal opinions, counsel opinions, memoranda, written legal advice or similar documents held by the Commission concerning Fame Ventures’ or BetIndex’s use of footballers’ names in Football Index, particularly in relation to registered trade marks.
Any correspondence between the Gambling Commission and Fame Ventures, BetIndex, their legal representatives or advisers concerning:
- footballer name trade marks;
- the use of footballers’ names on Football Index;
- licences, consents or permissions relating to footballer names;
- the legal basis relied upon for using those names.
Any due-diligence documents, legal-risk assessments, schedules, annexes or supporting documents specifically considering registered trade marks owned by footballers whose names were intended to appear on the exchange.
Any documents identifying particular footballers whose registered trade mark rights were considered as part of the IP clearance undertaken for Football Index.
Any documents discussing the legal basis for use of footballers’ names, including consideration of:
- referential or descriptive use;
- use of a name solely to identify the subject of a bet or financial/gambling contract;
- whether such use constituted use of the name as a trade mark;
- any applicable exceptions or defences under the Trade Marks Act 1994 or equivalent EU trade mark law;
- likelihood of confusion or other infringement tests;
- licences, permissions or coexistence arrangements;
- any other legal basis relied upon for use of the names.
- Any correspondence or records concerning objections, complaints, threatened claims, requests for evidence of permission, cease-and-desist correspondence or other challenges specifically concerning registered footballer-name trade marks and Football Index / BetIndex.
The principal period of interest is approximately 2014–2016, being the period covering the original Fame Ventures licensing application and launch of Football Index. Please also include later records where they expressly refer back to the original IP advice or the original IP clearance undertaken for Fame Ventures.
For clarity, this request is specifically concerned with footballer-name trade mark/IP rights. I am not requesting information about image rights, photographs, likeness rights, endorsement or sponsorship arrangements, passing off, club or league rights, Opta or other sporting data rights, or the wider collapse of Football Index, except where a document necessarily contains such material alongside the requested footballer-name trade mark/IP information.
Where any requested document is withheld in whole or in part, please:
- identify the exemption(s) relied upon;
- provide the reasoning for applying the exemption(s);
- provide all reasonably separable non-exempt information;
- where possible, provide a redacted copy;
- identify the date, title and general description of any withheld document so that I can understand what material exists;
- confirm whether the document is still held by the Commission.
I would particularly appreciate disclosure of the actual written legal opinion referred to in the Fame Ventures business plan, rather than only the extract from the business plan itself.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- The written legal opinion referred to in the Fame Ventures business plan concerning whether Football Index infringed the IP rights of footballers/“Names” on the exchange.
- Any earlier or subsequent legal opinions, counsel opinions, memoranda, written legal advice or similar documents held by the Commission concerning Fame Ventures’ or BetIndex’s use of footballers’ names in Football Index, particularly in relation to registered trade marks.
- Any correspondence between the Gambling Commission and Fame Ventures, BetIndex, their legal representatives or advisers concerning:
- footballer name trade marks;
- the use of footballers’ names on Football Index;
- licences, consents or permissions relating to footballer names;
- the legal basis relied upon for using those names.
- Any due-diligence documents, legal-risk assessments, schedules, annexes or supporting documents specifically considering registered trade marks owned by footballers whose names were intended to appear on the exchange.
- Any documents identifying particular footballers whose registered trade mark rights were considered as part of the IP clearance undertaken for Football Index.
- Any documents discussing the legal basis for use of footballers’ names, including consideration of:
- referential or descriptive use;
- use of a name solely to identify the subject of a bet or financial/gambling contract;
- whether such use constituted use of the name as a trade mark;
- any applicable exceptions or defences under the Trade Marks Act 1994 or equivalent EU trade mark law;
- likelihood of confusion or other infringement tests;
- licences, permissions or coexistence arrangements;
- any other legal basis relied upon for use of the names.
- Any correspondence or records concerning objections, complaints, threatened claims, requests for evidence of permission, cease-and-desist correspondence or other challenges specifically concerning registered footballer-name trade marks and Football Index / BetIndex.
The principal period of interest is approximately 2014–2016, being the period covering the original Fame Ventures licensing application and launch of Football Index. Please also include later records where they expressly refer back to the original IP advice or the original IP clearance undertaken for Fame Ventures.
Following searches of records held by the Gambling Commission, we can confirm that we do not hold information falling within the scope of your request.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission