LPC Law Notes > Multiple Institutions LPC Law Notes > Media Law Notes

Sport And Sponsorship Notes

This is a sample of our (approximately) 6 page long Sport And Sponsorship notes, which we sell as part of the Media Law Notes collection, a 70-80% package written at Multiple Institutions in 2013 that contains (approximately) 79 pages of notes across 9 different documents.

Learn more about our Media Law Notes

The original file is a 'Word (Doc)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Sport And Sponsorship Revision

The following is a plain text extract of the PDF sample above, taken from our Media Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Sport and sponsorship

1) What image rights exist in UK law?

There are no standalone 'image rights' in UK law

2) What are the least likely way in which an individual can protect his image rights?

Copyright

a) No copyright exists in a person's name or their image in itself

b) Copyright will exist in each and every photo taken of an individual, however the owner of that copyright will be the photographer, and the individual has no right to control the exploitation of his image

Privacy

a) Can only be used if there has been a breach of privacy  E.g. an image taken on private property

b) Cannot be used to protect your image in public, commercially, or before the photograph has been used / taken / in a contractual negotiation

Domain name

Should consider registering a relevant domain name to avoid the possibility of third parties using the domain and trading off the goodwill

3) What are the more common ways in which an individual can protect his image rights?

Passing off

a) Will have to demonstrate the elements for a passing off  Goodwill, misrepresentation and damage

b) Has been used in a claim for false endorsements - Irvine v Talksport

c) Again, is a cause of action after the event and cannot be used before the photograph has been used / taken / in a contractual negotiation

d) Remedies include:


Damages / Account of profits;


An Injunction;


Delivery up / destruction

Trade marks

a) Can register a name, nickname or signature as a trade mark

b) This is only possible if the name, nickname or signature is distinctive i.e. it is associated with him in the mind of the public

c) Will normally be a question of fact whether the infringing mark is identical or how similar it is to the registered mark

d) The defendant's mark falls into one of the infringements under s.10 Trade Marks Act (TMA)

1) The defendant uses a sign which is identical with the claimant's trademark in relation to goods or services which are identical with those for which it is registered - s.10(1) TMA


No need to show a likelihood of confusion

2) The defendant uses a sign which is identical with the claimant's trademark in relation to goods or services which are similar with those for which it is registered - s.10(2)(a) TMA


And the defendant's product is likely to cause confusion on the part of the public

3) The defendant uses a sign which is similar with the claimant's trademark in relation to goods or services which are similar with those for which it is registered - s.10(2)(b) TMA


And the defendant's product is likely to cause confusion on the part of the public

4) The defendant uses a sign which is identical or similar to the claimant's trademark and the trademark has a reputation in the UK and the defendant's sign takes unfair advantage of, or is detrimental to the distinctive character or repute of the trade mark - s.10(3) TMA

e) Remedies include:


Damages / Account of profits;


An Injunction;


Delivery up / destruction

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Media Law Notes.