Intellectual Property

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Performance Improvement Technology In Elite Sports

In competitive sport, small margins make the difference between winning and losing. It is therefore no surprise that elite sport is experiencing transformational change due to the increasing use of performance improvement technology.  We have recently advised Formula 1 and Premier League football teams on their use of performance improvement technology solutions including in:… Continue Reading

How Schools and Private Entities Have Engaged in NIL Activity

Now that a regulatory framework is in place, either by way of the NCAA’s interim policy or through the various state laws discussed in the second iteration of this blog series, academic institutions and private entities, such as alumni and companies, have quickly engaged in the NIL space. This final post of our three-part blog … Continue Reading

How US Federal and State Legislatures Have Addressed NIL

As discussed in part one of this blog series, the landmark decision by the United States Supreme Court in the Alston case effectively paved the way for collegiate athletes to profit from their own name, image, and likeness (“NIL”). While many states quickly enacted legislation addressing NIL, it remains to be seen whether and how … Continue Reading

Name, Image, and Likeness in US College Athletics: One Year Later

In the United States, college athletics are as popular as professional sports, generating revenues of over $1 billion for the 2021 fiscal year. Despite this popularity, college athletes have long been classified by the National Collegiate Athletic Association (“NCAA”) as having amateur status. The NCAA—which promulgates the rules and regulations pertaining to student-athletes’ participation and … Continue Reading

Real Estate Law May Soon Play A Role In The Metaverse

This article originally appeared in Law360 on February 15, 2022. Authored by Alexis Montano, Real Estate Associate, Phoenix, AZ. The metaverse is a mix of augmented virtual reality that operates with the help of blockchain functions such as nonfungible tokens, or NFTs, and cryptocurrencies. Think of the metaverse as a universe with several platforms making … Continue Reading

European Parliament proposes new regime to combat piracy of live sports content

Scale of the piracy problem The threats posed to the funding of sport by media rights piracy is nothing new.  However, as recognised by the European Parliament in its resolution published 19 May 2021, developments in digital technology and the proliferation of access to digital content (in particular through IPTV) have, in turn, increased the … Continue Reading

United States District Court Delivers RKO as Motion for Summary Judgment is Dismissed

A recent United States district court decision on copyright infringement has brought the issue of recreation of tattoos in video games back into the spotlight, and has cast doubt on an earlier ruling from another district court in a different judicial circuit. The gravamen of the case was the digital depiction of five tattoos on … Continue Reading

Breaking stride? Elite running shoes back in the spotlight

New records Issues surrounding athletics footwear returned to the spotlight this month as two athletes wearing new models of Nike running spikes ran in world record times at an event in Valencia, Spain. Uganda’s Joshua Cheptegei and Ethiopia’s Letsenbet Gidey broke the men’s 10,000 metre and women’s 5,000 metre world records respectively wearing Nike’s ZoomX … Continue Reading

Questions Raised Over Marketing Restrictions on Olympic Athletes

It has been reported that the European Commission met with officials from the International Olympic Committee (IOC) in November to discuss rules that restrict athletes’ marketing activities during a ‘blackout’ period around the Olympic Games. The meeting follows a recent ruling in Germany, which found that certain IOC restrictions breached antitrust rules and unlawfully limited … Continue Reading

What’s in a name? Liverpool FC withdraw applications for “Liverpool” trade marks

Liverpool Football Club (“LFC“) have been unsuccessful in their attempts to register two trade marks for the word LIVERPOOL. LFC withdrew both applications after the UK Intellectual Property Office (“IPO”) refused the registration. While the IPO’s decision has not been published, it would seem that the IPO rejected LFC’s applications on the basis that such … Continue Reading

Whose data is it anyway? Part 2 – does anyone actually own football data?

In part 1 of ‘whose data is it anyway’, we considered the position of Football DataCo and Betgenius, with particular reference to the experience of a Hull City fan who was questioned in relation to “unauthorised data gathering” during a match against Reading. In this, the final part of our two-part series, Sport Shorts considers … Continue Reading

Whose data is it anyway? Part 1 – Hull City fan caught up in the tangled-web of football data

In the first of a two-part series, Sports Shorts looks at the ownership of data collected at football matches. With the new football season still in its infancy, fans of many clubs remain full of the optimism that comes with the sensation that anything is possible in the months to come. When Daniel Mawer arrived … Continue Reading

Infringers walk the plank as the Premier League’s anti-piracy campaign scores big success

Between 2016 and 2019 the Premier League was paid a record breaking £5 billion for UK rights by broadcasters for 168 games a season. A new deal, effective from 2019 to 2022, will see the Premier League make at least £4.46 billion from the UK rights to broadcast matches (with one broadcaster not disclosing how … Continue Reading

Avant Garde by name, avant-garde by nature: French Football Federation ruling threatens to stop real-life fantasy team

When French sixth-tier side Avant Garde Caennaise (“AG Caen”) were founded in 1902, even the most forward-thinking supporters could not have imagined that the club would become the pioneers that they are today. The Project Two thousand fans currently manage the team, making decisions such as the team’s line up and substitutions, via a third … Continue Reading

What’s in a name? Dulwich Hamlet FC at loggerheads with its landlord over trade marks

Planning disputes don’t often lead to the host of Match of the Day tweeting their outrage. However, the ongoing saga between Southwark Council and Meadow Residential LLP (“Meadow”), has drawn the ire of Gary Lineker and other prominent figures in the football world. At the centre of the dispute is non-league Dulwich Hamlets FC (“DHFC”).  … Continue Reading

Tackling infringing content online: the latest development in EU policy

On 28 September, the European Commission released a Communication on tackling illegal online content, under the heading “Towards an enhanced responsibility of platforms”.  The communication sets out (non-legally-binding) guidelines for online platforms to move to “step up the fight” against illegal online content.  Tackling infringing content online is a well-recognised problem for the owners of … Continue Reading

Premier League scores second ‘live’ blocking injunction

In May 2017, Sports Shorts covered the first ‘live’ blocking injunction ordered by the High Court in favour of the Premier League – a decision which represented a win not only for rightsholders but also, unusually, for the defendant ISPs in their capacity as Premier League rightsholders.  The order, which applied during the final weeks … Continue Reading

Kodi Boxes and Apps Targeted by Premier League in Efforts to Reduce Illegal Streaming

A high court decision in March granting the Football Association Premier League (“FAPL”) an injunction has marked the latest stand by the Premier League against illegal streaming of matches in the UK. The judgment is both a response to, and made possible by, technological advances and allows for real time blocking of streams accessed via … Continue Reading

The unbroken 2: a pair of Nikes, an unofficial record, and the age-old question of technology’s place in sport

On Saturday 6 May 2017, Olympic Gold medallist Eliud Kipchoge donned a pair of Nike ZoomX VaporFly Elite shoes (containing a specially designed carbon fibre plate promoting a forward-tilt of the feet) and ran 17 laps of the Monza Italian F1 track, surrounded by a troupe of 30 fellow elite pacemaker runners, running behind a … Continue Reading

Search engines and rightsholders join forces to combat online piracy

On 9 February 2017, leading UK internet search engines and representatives from the creative industries (including film, sports, music, and publishing to name a few) entered into a landmark agreement, with assistance from the UK Intellectual Property Office (“IPO”), to cooperate in combatting online copyright infringement. The agreement, which takes the form of a Voluntary … Continue Reading

Football club badges: the legal implications of misuse

In January 2017, the Italian football club Juventus unveiled a new club crest.  The familiar silhouette of a charging bull against the fabled black and white stripes will now be replaced by a black and white letter J in the shape of a shield.  Speaking about the new crest, Juventus’ club president, Andrea Agnelli, stated … Continue Reading

Social media in sport: top tips

It seems there is seldom a time when social media is not in the spotlight one way or another and the sporting world is no exception.  Most recently, we have seen incidences of athletes falling foul of their governing body’s social media policies, such as Pittsburgh Steelers’ Antonio Brown who earlier this week found himself … Continue Reading
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