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Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

23 December 2011 | Paul Gershlick

A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...

Tags on this discussion: B2C business-to-consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws Court of Appeal data data protection data protection act Data Protection Act 1998 data protection law data protection laws disclose disclosure DPA High Court Norwich Pharmacal Order On-line Online online content online trading personal data privacy Sport trespass trespasser trespassing web web content web site web sites Website website content websites

Advertising laws for the Olympics come into force

14 December 2011 | Simon Weinberg

The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 have come into force to combat the exploitation of the Olympic and Paralympic brands in London in 2012....

Tags on this discussion: 2012 Olympics advert advertising advertisment adverts brand branding brands Intellectual property intellectual property rights IP London 2012 London Olympics London Organising Committee Olympic brand Olympic Games Olympics Paralympic Paralympic brand Paralympic Games Paralympics The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 trade mark trade marks

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices

1 November 2011 | Paul Gershlick

The Department of Culture, Media and Sport has listened to response in a consultation on its proposed London Olympic Games and Paralympic Games (Advertising and Trading) Regulations. Accordingly, it has...

Tags on this discussion: ambush marketing brand brand protection branding brands Intellectual property intellectual property rights IP IPR sponsorship sponsorship agreement sponsorship contract Sport trade mark trade marks trademark trademarks

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

17 October 2011 | Simon Weinberg | 1 comment

The European Court of Justice (ECJ) has released its ruling in the case of a a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy...

Tags on this discussion: advocates general broadcaster broadcasters broadcasting rights competition law competition regime copyright Copyright Directive copyright infringement copyright owner decoder decoder card domestic broadcast ECJ EU EU competition law Europe European Commission European Court of Justice European law European Union exclusive licence FA FA Premier League football Football Association football broadcast football broadcasting rights football match foreign broadcast foreign decoder foreign decoder card High Court illegal infringement infringement of copyright Intellectual property intellectual property rights IP live football match Member State Member States territorial exclusivity agreement Treaty on the Functioning of the European Union unauthorised unlawful

Ferdinand’s defence falls short – Rio Ferdinand v MGN Limited, High Court

6 October 2011 | Simon Weinberg

MGN Limited, the media publisher, published a story in 2010 which suggested that Rio Ferdinand, the now former captain of the England football team, was in an extra-marital relationship. Ferdinand issued...

Tags on this discussion: ECHR European Convention of Human Rights Ferdinand freedom of expression High Court Human Rights Act Man Utd Manchester United media privacy public interest right to privacy Rio Ferdinand

Lack of specific consent amounted to game changer in targeted football fans sponsorship contract – Playup Interactive Entertainment v Givemefootball, High Court

13 September 2011 | Paul Gershlick

Givemefootball hosted the Professional Footballers’ Association’s website and ran the PFA Fans Awards, whereby football fans vote for their favourite players. Playup ran an interactive gaming business...

Tags on this discussion: agreement agreements breach breach of agreement breach of condition breach of contract breach of warranty commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consent contract contract breach contracts data database databases fundamental breach High Court marketing marketing campaign marketing communications material breach online marketing opt-in prior consent promotion promotions repudiatory breach serious breach sponsorship sponsorship agreement sponsorship contract Sport sport agreement sport contract target targeted test for repudiatory breach web web database web site web sites Website websites

ECJ rules French betting monopoly allowed to lead the field

21 July 2011 | Simon Weinberg

Zeturf Ltd, a Maltese betting company, brought a claim against the French government at the European Court of Justice (ECJ) seeking a repeal of French legislation that allowed a single operator to provide...

Tags on this discussion: betting competition competition regime distinct market ECJ EU Europe European Commission European Court of Justice European Union France french French gaming French gaming legislation French Government French legislation gambling gaming horse racing horseracing Internet monopoly Online online betting online horseracing betting online horseracing gambling web web site web sites Website websites

Social media warning for Olympic athletes

8 July 2011 | Simon Weinberg

The International Olympic Committee (IOC) has warned athletes that they must take care at next year’s London Olympics with their use of social media or risk being banned from participating. The IOC said...

Tags on this discussion: 2012 Olympic Games 2012 Olympics athlete athletes broadcast Broadcast media broadcast right broadcast rights Facebook illegal infringement Intellectual property intellectual property rights International Olympic Committee Internet IOC IP London Olympics Olympic Olympic Charter Olympic Games Olympic venue Olympics Online participant participants social media twitter unlawful web web site web sites Website websites

Formula One Fracas over ‘Lotus’ trade marks ends in dead heat – Group Lotus Plc v 1Malaysia Racing Team and others, High Court

28 June 2011 | Simon Weinberg

The two entities that evolved from the original car manufacturing and racing strands of Lotus have had a case heard in the fast lane by the High Court in order that both could start racing in the new Formula...

Tags on this discussion: agreement brand branding brands co-existence co-existence agreement F1 Formula 1 High Court infringement Intellectual property intellectual property rights IP Lotus motor racing motor sport trade mark trade mark infringement trade marks trademark trademarks

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