Category: Sports Law

“When Ambush Marketers smile at me, I go to Rio”: Protected uses of Olympic Insignia

Association with the Olympic brand is a marketer’s dream. Through national and international law, the Olympic Movement is afforded considerable protection against the practice of “ambush marketing” and unauthorised uses of Olympic Insignia. Recently, the Federal Court had opportunity to consider the scope of protection afforded in AOC v Telstra.

Validity of international sports arbitration awards rendered by the Court of Arbitration for Sport

Case Note by Paul Czarnota. The German case of Pechstein v ISU has thrown some doubt over the validity and enforceability of arbitral awards rendered by the Court of Arbitration for Sport, the arbitral tribunal established to determine international sporting disputes. Pechstein may provide a future avenue for challenging sports arbitral awards globally, and in Australia.

Is a Domestic Sporting Tribunal hearing a Commercial Arbitration?

Croft J was asked to consider whether a hearing before the AFL Anti-Doping Tribunal was a “domestic commercial arbitration” pursuant to the Commercial Arbitration Act 2011 for the purpose of issuing subpoenas to compel third parties to give evidence or produce documents.

Protecting major sporting events from ambush marketing

Did you know there was a Major Sporting Events (Indicia and Images) Protection Bill 2014? It was introduced into Parliament on 26 March 2014. It is designed to provide protections for certain indicia associated with the upcoming: Asian Football Championships to be held in Australia in 2015; the ICC World Cup to be held in Australia and New Zealand in 2015; and the 2018 Commonwealth Games on the Gold Coast, against ‘ambush marketing’.

Sports Law round-up

Monitor’s Report – The Australian Sports Anti-Doping Authority (‘ASADA’) investigation into the AFL and NRL appears to be continuing, despite the two codes almost commencing their next season since the investigation began. It is unclear what the outcome of this will be, and when an outcome will be achieved. Former Federal Court Judge Garry Downes has been appointed to review the ASADA investigation, including to determine whether charges could be laid in respect of alleged infractions.

Contractual construction principles in sporting selection disputes

In this matter Mr Holmes QC, sitting as a sole arbitrator in the Appeal Arbitration Division of the Court of Arbitration for Sport (“CAS”), was called upon to determine the proper construction of the Nomination Criteria relevant to athletes seeking to represent Australia in the sport of Alpine skiing at the 2014 Olympic Winter Games. Arbitrator Holmes QC applied contractual construction principles to construe the relevant criteria, and dismissed the proceeding.