Formal notice to cease and desist unauthorised use: SABC

Dear sir,

This formal notice concerns your marketing promotions linked to the TotalEnergies Africa Cup of Nations (the Competition). Your marketing activities, communication materials and the association of your brand with the Competition illegally exploit intellectual property rights belonging to the Confederation of African Football (CAF).

CAF is the exclusive owner of all the rights that may arise out of or in connection with the Competition, including all the elements composing, relating to or designating the Competition, economic rights of all kinds, audiovisual recording, reproduction and broadcasting rights, multimedia rights, marketing and promotion rights, as well as intellectual property rights, such as trademark rights and copyright. No third party may, directly or indirectly, use or avail themselves of all or part of these rights and in particular any right generally referred to as « Media Rights » of the Competition without the prior express written authorization of CAF.

Your marketing promotions linked to the Competition have not been authorized. You are hereby called upon to immediately cease and desist from any continued unauthorized reference to the Competition, its marks and symbols or to any event organized by CAF.

In particular, and without limitation, you are requested to:

  • Immediately remove any advertising spot, poster or publication directly or indirectly referring to the Competition;
  • Immediately cancel any activity or promotion directly or indirectly referring to CAF Competitions;
  • Immediately cease any additional action that may use the name, image, logo or any other marks directly or indirectly linked to the Competition or to CAF and for which use CAF has not provided prior written approval.

This letter constitutes a formal notice of such a nature as to trigger all time limits, interests and legal actions suitable for preserving our rights and other consequences that the law and the courts attach to them.

Failure to immediately comply with the content of this letter is liable to cause irreparable harm. Accordingly, CAF may act in front of any jurisdiction of competent authority, including by way of provisional or interim ex parte measures, to obtain any redress available to preserve its rights. The right of CAF to claim damages for any infringement of its rights, including to claim disgorgement of any profits, is further reserved.