//
articles

Sponsorships & Endorsements

This tag is associated with 9 posts

The Anatomy of a Sports Sponsorship Agreement

By Nandan Kamath While the primary role of a sponsorship agreement is to document the ‘deal’ arrived at, the process of negotiating and finalising the agreement sometimes also irons out the parties’ understandings, which may have previously been inaccurate or incomplete. Therefore, a well conceived negotiation process can play an important role in a mutually satisfactory … Continue reading

The Anatomy of an Endorsement Agreement

By Roshan Gopalakrishna Introduction Over a period of time, celebrity endorsements have been viewed as an effective and prominent marketing tool by many companies. Typically, a public figure would appear in advertisements and promotional material marketing the products or services of a company.  However, the past couple of decades have witnessed the evolution of ‘celebrity … Continue reading

The Anatomy of a Sports Licensing and Merchandising Agreement

By Roshan Gopalakrishna Background Sport has undergone such a revolutionary change over the past decade that today it constitutes a fascinating industry with the potential to generate substantial revenue for those involved in it. Much of this revenue is generated through the organisation of sports events, sale of broadcast rights and marketing of products related … Continue reading

Luck of the Irish? Understanding Oakley’s Suit against Rory McIlroy and Nike

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

Bad Boys, Bad Boys, Whatcha Gonna Do? Moral Clauses In Endorsement Contracts

By Roshan Gopalakrishna Introduction Celebrities are often the top choice for advertisers, sponsors and companies when it comes to brand or product endorsement for a variety of reasons. (This newsletter has previously discussed in detail the broad features of a celebrity endorsement agreement and the use of a celebrity’s attributes.) While this is an effective endorsement and … Continue reading

Stumped! Breach of Endorsement Agreements

  By Seshank Shekar Introduction Personal brand endorsement agreements are an inherent part of the entertainment and sports industries. Brands spend millions in order to align themselves with a successful and attractive personality in the hope that such association will register a connection with potential customers. Most of these endorsement agreements for “personal services” secure … Continue reading

‘Tebowmania’ – Nike and Reebok face-off

Case review Nike, Inc. v. Reebok International, U.S. District Court for the Southern District of New York No.12-2275. Introduction On March 28, 2012, U.S. District Judge Kevin Castel of the United States District Court for the Southern District of New York passed a temporary restraining order in favour of Nike, Inc., restraining Reebok from manufacturing, distributing, … Continue reading

Minors’ Agreements in Sports

  By Roshan Gopalakrishna Introduction In most legal systems, an agreement between two parties is legally binding and each party is required to honour the terms of the contract. An exception to this general rule occurs when one of the parties to the contract is a minor. To protect the best interests and welfare of … Continue reading

Sponsorship Contracts – Reasonableness of Contractual Restraints

By Roshan Gopalakrishna and Vidya Narayanaswamy In this article, we describe and summarise the current state of Indian law in relation to the reasonableness of certain contractual restraints that are conventionally included in sponsorship agreements. Contractual restraints can include within their ambit terms which provide right or relief to one of the parties but which … Continue reading