Global sportswear major Adidas today said cricket body BCCI has no rights
over personal endorsement contracts of a player, countering rival Nike's claim
that it derived rights from BCCI to use Sachin Tendulkar name and image
for advertising purpose.
In their ongoing battle over the cricket icon at the Monopolies and Restrictive
Trade Practices Commission (MRTPC), Adidas contended that as per its agreement
with players, BCCI would have to enter into a separate agreement with them in
a case-to-case basis, which players can even refuse.
"What is the authority of BCCI of granting such rights
of Tendulkar's (to Nike)," the Adidas counsel said, commenting on Nike's
reply in which the US sportswear firm has contended that "it believed it
had derived rights from BCCI" to use Tendulkar's name, image, still and
motion picture.
"They can use BCCI name and logo but not use individual's
name," he said.
The counsel also claimed that Nike was not an official sponsor
of the Indian cricket team.
"As per the documents, Sahara India Airlines is the official
sponsor of the cricket team ... It does not mention Nike as a sponsor,"
the Adidas counsel said.
Following the Commission's direction, Adidas submitted its
contract with Tendulkar but without Clause 3 of the agreement. Clause 3 deals
with the amount it paid to the cricketer for endorsements.
BCCI also submitted its contract with the players.
The MRTPC bench headed by Justice O P Dwivedi directed Nike
to produce a copy of its agreement with BCCI and directed to list the matter
on second week of August.
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