Thursday, April 25, 2019

Sports and intellectual property

Intellectual property [IP] rights [patents, industrial designs, trademarks, copyrights, etc.] are often associated with industry and are often associated with manufacturing. Intellectual property rights provide exclusive rights to intellectual property owners for a limited period of time. But organizers of sports are using intellectual property law to capitalize on interest in specific sports.

Physical activity is initially a hobby or recreational activity that enables participants to enjoy sports or as a physical exercise. Now some games have evolved into huge international events, or more appropriate international companies, with their own "tailor-made" laws. These international events have even challenged the sovereign laws of various countries.

Popular games such as football, golf, tennis, basketball, cricket, yachting, racing, etc. have evolved into international events with great followers, creating enormous marketing potential for organizers. Organizer organization and management activities for popular games such as FIFA [Football], PGA [Golf], NBA [Basketball], etc., usually in such a way as to conduct international competitions in order to obtain maximum value from other people who want to use marketing. The potential offered.

The organizer initially creates a unique logo, logo or phrase to identify the event. If the logo or badge is an original logo, they are also protected by copyrighted works.

For example, the logo of the 2010 FIFA World Cup is protected as a work of art under the Trademark and Copyright Act. Derivatives such as the "2010 FIFA World Cup", "2010 World Cup", "Football World Cup" and other similar products are also protected against unauthorized use and subject to applicable laws in different jurisdictions.

Since logos/flags/phrases ["event identifiers"] are heavily promoted in the primary media, they can be easily and very quickly associated with the public, resulting in strong brand value. Event organizers then continue to use the trademark value for other businesses.

Let's take a look at the various sources of income for organizers. The first line of income is the sponsorship fee. This includes the right to display the sponsor's trademark in the playing field/stadium, the right to use the event identifier on the item manufactured by the sponsor, or the right to use the event identifier associated with the service [eg banking, credit card [VISA], Business process outsourcing [Mahindra Satyam] or resettlement rights [for example, a luxury watch brand in the golf course adjacent to the tee box].

The second income is the door collection. Even here, you can sponsor print tickets - tickets with sponsored trademarks.

The third source of income is to provide exclusive products for the game, such as football, tennis, badminton [badminton], fuel and lubricants [racing]. The article's suppliers have the right to describe themselves as "official suppliers" to promote their articles and promote themselves as exclusive providers of such articles. Ironically, although Adidas is the top sponsor/partner of the 2010 FIFA World Cup, Nike has attracted more viewers and attention, both through players and players. Football shoes or clever advertising spots. Is this a bad sponsorship strategy for Adidas?

The fourth source of income, which is an increasingly lucrative source of income, is the exclusive right to record and broadcast through television and radio, and may be conducted over the Internet in the near future. Broadcast rights belong to regional and national broadcast networks. All copyrights relating to recording and broadcast games are retained or licensed by the organizer to specific entities.

Finally, the organizer also grants the manufacturer the exclusive right to manufacture and sell mascots or products with event identifiers in exchange for payment royalties.

Organizers have a wide range of sources of income, namely:

Sponsorship fee
from

  2. Door collection
from

  3. Exclusive rights to use the product in the event
from

  4. Broadcast rights
from

  5. Commodity sales rights

In addition to event organizers, other manufacturers and service providers utilize the sportswear and gaming devices that sponsor a particular team or player. Only consider the brand of players' T-shirts, shorts, hats, gloves, shoes, socks, etc. In South Africa, the shoes of non-sponsored brands worn by players are as prominent [if not] as highlighted by one of the official sponsors. In the case of the racer, have you seen the ordinary driver ' work clothes? On the contrary, the driver's whole body, including the collision helmet, is often covered with various trademarks.

Even the refreshments/beverages consumed by the player during the game are sponsored and take full advantage of the advertising value. The trademarked advertisement here is not an advertisement of a product, such as an advertisement appearing in a television advertisement, but the trademark or product is essentially associated with a successful player. What further convictions can be generated if there are no world-class players using advertiser products?

In addition to organisers earning income as an aid, players, especially top players in the game, typically recognize sports-related or even non-sports products or services or businesses. For example, Tiger Woods not only supports golf clubs, balls, T-shirts, hats, etc., but also supports watches, consulting services and personal hygiene products [note: he was revoked/dissected after violation]; Maria Sharapova is the top woman One of the tennis players, she supports footwear and clothing, cameras and watches, etc.; and football player Ronaldinho has already reached an approval contract with Pepsi, Nike and Sony.

In order to get the most profit from the source of income, organizers of large game events such as FIFA must strictly enforce their trademark rights and fight against those associated with their trademarks without the consent of the organizer. If the organizer does not take drastic action against the infringer, it will be illegal for them to obtain a high sponsorship rate in future events, not to mention a possible violation of the sponsorship contract.

Unfortunately, intellectual property law is not designed for such regular international events. Many manufacturers or service providers want to be associated with important international events that attract billions of TV viewers, but they either have no chance or can't afford the costs and costs. Therefore, they will attempt to associate their products/services with activities without the consent of the event organizer. This is where "ambush marketing" comes into play. Event organizers have a field day to take action on these marketers. However, traditional intellectual property laws are not clear whether a particular event or advertisement constitutes an ambush marketing. In order to avoid this situation, countries, especially host countries, often need to develop specific laws to deal with ambush marketing before they have the opportunity to organize the event. The UK must enact the 2006 London Olympic and Paralympic Games bill before the 2012 London Olympics. The "London 2012" trademark is protected.

The next question is how and how to get the income from events like the 2010 FIFA World Cup. Who benefits from the proceeds? That will be the subject of another article.

Note: The trademarks and designs identified in the article are the property of their respective owners. The author did not ask for any exclusive rights; They are purely for educational purposes.





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