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By Abhinav Shrivastava Introduction On October 18, 2012, the European Court of Justice (“Court”), through its opinion in Football Dataco v. Sportradar (Case C-173/11 of the Court of Justice of the European Union), recognised the rights of sporting bodies to control access to and limit the utilisation of their databases comprising of match fixtures and … Continue reading
By Roshan Gopalakrishna Introduction On 15 December, 2012, Oakley, Inc. (“Oakley”) filed a suit against golfer Rory McIlroy (“McIlroy”) and competitor Nike Inc. (“Nike”) in a federal court at Santa Ana, California. Oakley’s claim is that McIlroy breached the endorsement agreement signed between them, more particularly the ‘right of first refusal’ clause therein, by reportedly … Continue reading
By Abhinava Shrivastava Introduction On November 8, 2012, the Andhra Pradesh High Court (“Court”) overturned the life-ban handed out to former Indian cricket captain, Mohammad Azharuddin (“Azharuddin”) by the Disciplinary Committee (“Committee”) of Board of Control for Cricket in India (“BCCI”) in 2000 for his alleged engagement in match-fixing. Factual Background In response to allegations … Continue reading
By Roshan Gopalakrishna Case reviews: Football Association Premier League v. QC Leisure and Others (Case C-403/08); Karen Murphy v. Media Protection Services Ltd (Case C-429/98) Introduction On October 4, 2011, the Court of Justice of the European Union (‘ECJ’) held that licences for the broadcast of football matches which granted broadcasters territorial exclusivity and which … Continue reading
By Shwethambara Mani Introduction In July 2012, the Federal Communications Commission (“Commission”) held Comcast Cable Communications, LLC (“Comcast”), the largest multi-channel video-programming distributor (“MVPD”) in the United States, liable for carriage discrimination against Tennis Channel. The Commission held that Comcast had given preferential treatment to its affiliates, Golf Channel and Versus, and discriminated against the … Continue reading
By Seshank Shekar Introduction In June 2012, the New York Federal District Court convicted poker club owner Lawrence DiCristina on charges of operating and conspiracy to operate an illegal gambling business in violation of the U.S. Federal legislation The Illegal Gambling Business Act, 1970 (“IGBA”). DiCristina (The “Defendant”) brought a motion for acquittal, arguing that … Continue reading
By Fatema Merchant “Football isn’t a contact sport; it’s a collision sport. Dancing is a contact sport.” -Duffy Daughtery, former American football player and coach Introduction With an average team value of over 1 billion USD, the National Football League (“NFL”) is the most valuable sports business in the world. Formed in 1920, it is divided … Continue reading
By Vidya Narayanswamy Case Review: Jonathan Spelman v. Express Newspapers ([2012] EWHC 239 (QB), [2012] EWHC 355 (QB)) Introduction This case concerns the lifting of a privacy injunction awarded to Jonathan Spelman, a minor rugby player. A privacy injunction is an order from the court, in certain special cases, that prevents the press from reporting … Continue reading
By Roshan Gopalakrishna Case Review: Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34 Introduction Justice Steven Rares of the Federal Court of Australia in Sydney has held that Singtel Optus Pty Ltd’s (Optus) TV Now service, which enabled subscribers to record free to air television broadcasts within … Continue reading
By Roshan Gopalakrishna “I sometimes used to sit on my bike, weeping with the pain.” – Eddy Merckx, former Belgian professional cyclist. 3.1 CAS 2011/A/2384 UCI v. Alberto Contador Velasco and RFEC; CAS 2011/A/2386 WADA v. Alberto Contador Velasco and RFEC. Introduction On February 6, 2012 the Court of Arbitration for Sport (‘CAS’) delivered its … Continue reading
Case review: C-604/10 Football Dataco Ltd and others v. Yahoo! UK Limited and others Introduction On December 15, 2011, Advocate-General Mengozzi submitted his opinion regarding a reference to the Court of Justice of the European Union (‘ECJ’) from the Court of Appeal of the United Kingdom. The question before the court concerned was whether football … Continue reading
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