Sport and intellectual property – the year in review 2020/21

From a major international IP piracy dispute over sports broadcasts with a geopolitical undercurrent to trade mark spats arising over opportunistic registrations, the last year or so has had it all. The right for athletes to exploit their image has also remained a hot topic with rapid changes in the US relating to college athletes, and changes in the position for Olympians. We’ve selected the most important, interesting and (at times) amusing IP, data and advertising law developments over the last year and looked at what lies ahead in the next 12 months.

This article considers:

1. The introduction of legislation in various states of legislation giving name, image and likeness rights to student-athletes, and the NCAA’s response.
2. Prominent trade mark disputes over the course of the past year, including the Messi case, Panini vs Jurgen Klinsman, and the ESL;
3. Ambush marketing legislation in Italy
4. IP issues arising from the postponement of Tokyo 2020.
5. Piracy update (BeIn Sports and Matchroom boxing).
6. Racing Partnership vs Sports Information Services case
7. Piracy update - from Geneva to the Gallowgate End, via Saudi Arabia

8. The Racing Partnership v Sports Information Services Part II – Totes unlawful, but not a breach of confidence