The battle for live sports data - IMG Arena score first in dispute with Perform
Such is the value of live sports data, that the English courts are very familiar with disputes concerning related rights. Many of the leading sports data suppliers have had claims and cross claims against each other heard in the courts over the past few years (see, for example, The Racing Partnership case1). These have primarily concerned who owns the rights to live sports data that has been collected, who is entitled to collect such data, what patchwork of protections are effective in protecting and enforcing contractual collection rights, and to what extent sports data suppliers must be mindful of competition law restrictions in the context of the markets in which they operate.
In this case, the court has dismissed an application for strike out or summary judgment made by sports data supplier, Perform Content Services Limited (Perform), in a claim brought by its competitor, IMG Data Limited (IMG). The basis of the claim is that Perform should be held liable to IMG for collecting data from competitions over which IMG Arena has been granted exclusive data collection rights.
The decision in this early interim application (available here)2 sets up an interesting question as to whether a claim based on procuring a breach of contract can be brought by a claimant who was not a party to the contract said to have been breached
To continue reading or watching login or register here
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: Betting | Commercial | Data | Dispute Resolution | Football | Gambling | UK
Related Articles
- The Racing Partnership Case – The Rights and Obligations Of Distributors Of Live Sports Betting Data
- What does the Genius v Sportradar settlement mean for sports data rights holders?
- The battle for sports data: IMG Arena takes Stats Perform to court
Written by
Jeremy Drew
Joshua Charalambous
Senior Associate, RPC
Josh's work includes acting for Premier League football clubs, club owners, international football players, sports betting operators, sponsors, kit manufacturers, sports retailers and national governing bodies.
Josh has been the lead associate on High Court and Court of Appeal matters involving football kit and supply arrangements, intellectual property disputes involving sports betting, and on regulatory investigations involving football transfers and agents' fees.
He regularly contributes as an author on sports law issues including for LawInSport and Sweet & Maxwell's Entertainment Law Review on issues touching the sports sector. Josh also contributes to the national press commenting on legal issues in sport.
Josh was also a co-opted Independent Council Member for the English Schools Football Association (2017-2020).
“Josh Charalambous – a future star, his all-round ability is extraordinary for his level.” Sports, Legal 500 2019
Ellie Chakarto
Ellie is an Associate at RPC and advises clients on a range of non-contentious and contentious commercial and IP matters in the sports, retail and technology sectors. Ellie works closely with sports, media and entertainment, and retail and consumer clients on a range of commercial and branding issues. Ellie advises clients on various commercial contracts, such as sponsorship and partnership agreements, services arrangements, venue hire and stadium use agreements, collaboration agreements, as well as providing advice on a range of brand protection and licensing matters.
On the contentious side, Ellie's experience includes advising on alleged infringement of intellectual property rights and Ellie has acted on proceedings in the Intellectual Property Enterprise Court, as well as before the UK and EU Intellectual Property Offices.
Global Summit 2024