ADVERTISING AND SPONSORSHIP
Sponsorship is the financial support for a sport (whether it is an event, organization or performer) by an outside body. The types of sponsorships include individuals, events, clubs and teams. This helps covers costs such as kit, equipment, travel, accommodation, hospitality, publicity etc. for the players. On the other hand sponsors are able to Advertise their products and services, gain exposure and become known in the market. Brands use sports as major source as their advertising strategy. Since it involves a lot of money it must a have legal framework in place. A Sports Lawyer will thus ensure incorporating the terms and conditions in contracts and examine issues regarding drafting, renewal, termination, etc.
Sporting organizations, like Manchester United, for instance, use sponsorship deals and fan loyalty to capitalize on their brand and to boost revenue. Trademark rights serve as the foundation for sports sponsorship agreements. A bat signed by the 2011 World Cup-winning Indian cricket team was sold for USD 25,000, while David Warner’s 2016 IPL signed SunRisers Hyderabad jersey fetched USD 30,000 in a non-fungible token (NFT) auction in Dubai.
The Board of Control for Cricket in India (BCCI) often oversees the planning of various home competitions. The Indian Premier League is one of BCCI’s most well-known and profitable events; their name and logo have both been registered (IPL). IPL’s trade name and logo have been misused several times. The online gaming company rediff.com was sued by BCCI in 2008. Because the Indian Fantasy League (IFL) trademark and logo were similar to BCCI’s Indian Premier League (IPL) trademark and logo, BCCI filed a lawsuit for trademark infringement. The verdict was issued by the Madras High Court that IFL cannot use the name and logo as this amounts to trademark infringement.
ATHLETE REPRESENTATION
A Sports lawyer is licensed legal professional, representing athletes, teams, leagues, and other sporting organizations. Sports lawyers must possess a strong command of contracts, IP, and civil procedure. They work to protect legal rights and interests of athletes and their teams, leagues, and other sporting organizations. Some of the important tasks involve providing legal advice and guidance to clients, Negotiating sponsorship deals, Represent clients in civil or criminal court matter, helping clients understand broadcast rights, trademarks, and endorsements, etc.
In the case of Mahendra Singh Dhoni and Rhiti Sports Management Private Limited v David Hanley, well-known cricketer M.S. Dhoni sued the defendant over the domain name msdhoni.com. Based on the evidence presented, the Panel concludes that the Complainants have established unregistered trademark rights in the name MS Dhoni.” Not only MS Dhoni, but it was in the news that PV Sindhu will sue 20 companies that use her Olympic victory for moment marketing. Therefore, brands must get into brand endorsement agreements, with players before marketing the product using the goodwill of the Players.
ANTI- DOPING
Doping is the use of banned athletic performance-enhancing drugs by athletes as a way of cheating in sports. In India doping in sports started on a large scale prior to the 1982 Asiad games. The 2010 Commonwealth Games had been hit majorly by doping scandals. Oludamola Osayomi (Sprint champion) from Nigeria had tested positive for a banned stimulant, methylhexaneamine. In 2016, Narsingh Yadav (Wrestling) the famous wrestler was alleged to have spiked his food that caused him to fail his dope test conducted by The National Anti-Doping Agency (NADA).
In 2017, Yusuf Pathan(cricketer) had been given a 5 month ban by the Board of Control for Cricket in India (BCCI) for a doping violation during a domestic T-20 competition.
Anti-doping matters often involve complex issues. Hence is it necessary for athletes and teams to know about the entire spectrum of the anti-doping policies and procedures. The World Anti-Doping Agency (WADA) is responsible to promote, coordinate, and monitor the fight against drugs in sports.
BETTING LAWS
Betting has become a very common phenomenon today. In India, Cricket is the most popular sport which indulges a huge audience when it comes to betting. The Public Gambling Act of 1867 and The Technology Act of 2000 prohibits gambling and sports betting in India. However, gambling in India varies by state; some states like Goa have legalized casinos for e.g. The Deltin Royale which is a floating casino (water based). Only three states in India allow casinos, Goa, Daman and Sikkim. Sports betting are restricted except for selective categories including lottery and horse racing. Despite the existing prohibitive legislations, there is extensive illegal gambling throughout the country. In order to protect players and teams from the ill-effects of these activities proper laws need to be made.
CONCLUSION
Contractual and commercial disputes, image rights disputes, intellectual property disputes, privacy disputes, etc., are some of the major matters faced by athletes and sporting teams & clubs. Having the right expertise in resolving disputes by settlement/ negotiations is hence desired.
