DENMARK Law and Practice Contributed by: Frederik Bruhn, Rasmus Theis Madsen, Robert Jønsson and Tim Krarup Nielsen, HortenDahl Law Firm
ish national team’s kit constituted a violation of the Danish Marketing Practices Act. On the other hand, in the 2024 Power case, the High Court found no infringement where the overall visual and commercial association with the national team was considered too weak. These cases illustrate that protection requires a sufficiently strong and direct association with the team’s protected identity. Ticket Sales Selling tickets to live events remains a fundamental revenue stream for sports organisations and clubs in Denmark. According to Danish law, clubs and event organisers are considered to hold exclusive rights to sell tickets directly to consumers through official platforms, and revenue from ticket sales can be par - ticularly significant for teams that do not benefit from The resale of tickets on secondary markets in Den - mark is governed by the Act on the Resale of Tickets for Cultural and Sports Events, according to which it is illegal to resell tickets for a higher price than the original purchase price, unless an agreement with the event organiser is entered into. Violations of the act are punishable by fines. The act allows for the use of certain administrative fees in the resale price, but it explicitly prohibits profit-driven resale. Hospitality substantial broadcasting income. Secondary Ticketing Platforms Hospitality packages represent a growing revenue stream for Danish sports venues and clubs, which are considered exclusive owners of the rights to offer premium experiences. More and more stadiums have incorporated hospitality facilities to generate addi - tional income and provide high-end experiences for sponsors. There are even examples of third parties trying to ambush hospitality areas against payment to the third party. This may be a breach of the Danish
actively engage in sponsorship deals to ensure that high-profile athletes use their products. Sponsorship agreements are also prevalent in football, where clubs enter into significant financial partnerships. Conversely, sports rights-holders seek to attract spon - sorship investments by offering exclusivity, branding and networking opportunities, and marketing rights. Sponsorship agreements may include naming rights for stadiums, branding on team jerseys, advertising placements at events, access to players and other commercial rights. The financial growth of Danish sports is largely driven by major brands wishing to secure exclusive sponsorship rights. Key Terms of Sponsorship Agreements A sponsorship agreement should clearly define the rights and obligations of both the sponsor and the sponsored party (typically an athlete or club). In addi - tion to standard contractual provisions, sponsorship agreements in Denmark must regulate the following: • limitations on the sponsor’s rights due to legal restrictions or other conditions, such as tourna - ment participation rules; • VAT and tax considerations, as certain aspects of sponsorship agreements may be eligible for tax deductions; and • morality clauses, which have become increasingly important in sponsorship agreements and tradition - ally allow sponsors to terminate agreements if the sponsored athlete or club engages in conduct that may damage the sponsor’s reputation. Conflicting Sponsorship Agreements Sponsorship agreements must take into consideration potential conflicts at different levels. • Federations v clubs: federations generally hold primary sponsorship rights for tournaments, which clubs must respect. Violations, such as conflicting jersey sponsorships in DBU competitions, can lead to sanctions. • Clubs v players: athletes often have personal sponsorship deals that may conflict with their club’s commercial agreements. Such conflicts are typically managed contractually, including in DBU’s
Marketing Practices Act. 2.2 Sponsorship Terms
Commercial Use of Sponsorship in Danish Sports Sponsorship plays a significant role in the Danish sports industry, with brands seeking to associate with athletes, clubs and federations to enhance visibility and market their products. Sportswear companies
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