ISRAEL Law and Practice Contributed by: Tal Segev, Segev Tal Sports Law
prohibits misleading the public regarding a false asso - ciation between a brand and an athlete. For example, if a club or association uses a player’s image in a way that implies a non-existent sponsorship arrangement, this may give rise to a legal claim. The principle of unjust enrichment provides an addi - tional layer of protection. Even where there is no explicit misrepresentation, if a third party derives ben - efit from an athlete’s reputation without authorisation, the athlete may still be entitled to compensation with - out the need to prove actual damage. A common practical issue in sport is ambush market - ing, whereby a brand seeks to associate itself with a well-known Israeli athlete or team without any formal agreement. Israeli courts have demonstrated a willing - ness to address such conduct through a combination of the Commercial Torts Law, unjust enrichment prin - ciples, and the Basic Law: Human Dignity and Lib - erty, which recognises a person’s proprietary interest in their image as part of their fundamental rights. Although legal protection exists, athletes are generally required to enforce their rights proactively. Failure to do so may, in some circumstances, be interpreted as tacit consent to the use of their image. 5.5 Licensing In Israel, sports bodies, clubs and athletes may license their IP – including trade marks, copyright and image rights – through standard commercial agreements governed by general contract law and administered by the relevant authorities. Professional clubs actively license their brands for merchandise, sponsorship and broadcasting pur - poses, thereby generating significant commercial revenue. Similarly, professional athletes license their name, image and likeness through endorsement arrangements. A distinctive feature of the Israeli system is the role of historic sports movements such as Maccabi, Hapoel and Beitar, which hold registered trade marks pro - tecting their names and branding across all affiliated clubs, both amateur and professional. For example, a Thai boxing group operating under the Maccabi
framework benefits from the same brand protection as prominent clubs such as Maccabi Tel Aviv or Maccabi Netanya. This centralised brand structure is relatively unique and means that intellectual property protection in Israeli sport depends less on the professional status of a club and more on its affiliation with an established sports centre. 5.6 Assignment of IP Rights As a general rule, IP rights in Israel may be freely assigned under contract law, subject to certain impor - tant limitations. Under the Copyright Law (2007), moral rights – such as the right to attribution and the right to the integrity of a work – are inalienable and remain with the crea - tor permanently even after the economic rights have been transferred. Trade marks may also be freely assigned, provided that such assignment does not mislead the public. In the sporting context, courts may scrutinise assign - ment agreements involving athletes, particularly where there is a significant imbalance of power, such as in agreements involving young players. Arrangements that appear excessively one-sided or entered into under pressure may be subject to challenge. Accordingly, while the assignment of IP rights is gen - erally permitted in Israel, it is not without limits and remains subject to judicial oversight. 5.7 Data in Sport Sports data is becoming increasingly central to the operations of Israeli clubs and federations, although the market remains less developed than in leading European leagues. Israeli clubs make use of athlete performance data for training optimisation, injury prevention and talent identification, drawing on the country’s strong technological ecosystem. Fan engagement data is also collected through ticketing platforms and club applications, primarily for market - ing and engagement purposes. Importantly, the col - lection of fan data is subject to prior consent where it is obtained via websites or applications. At the profes - sional level, the use of wearables and GPS tracking systems has become standard practice.
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