Sports Law 2025

BELGIUM Law and Practice Contributed by: Sven Demeulemeester, Willem-Alexander Devlies and Daan Buylaert, ATFiELD

Royal Belgian Football Association (RBFA) and logo protection The RBFA has enforced its trade mark rights against third parties attempting to use its offi - cial emblem and name without authorisation, particularly in commercial sponsorships and merchandise sales. 5.2 Copyright/Database Rights Copyright Law in Belgium Copyright law is governed by Title 5( “Copyrights and Neighbouring Rights” ) of Book XI ( “Intellec- tual Property and Trade Secrets” ) of the Belgian Code of Economic Law ( “CEL” ) (Articles XI.164 et seq. CEL). This national framework transposes various EU copyright directives, including Direc - tive 96/9/Eg, (the “Database Directive” ), Directive 2001/29/EC (the “Infosoc Directive” ) and Direc - tive 2019/790/EU (the “DSM Directive” ). For a work to be eligible for copyright protection under Belgian law, it must meet two conditions: • the work must be original, meaning that it must be the author’s own intellectual creation; and • the work must be expressed in a tangible form that can be communicated to others. In the sports sector, copyright protection can apply to works such as video and audio record - ings of sports broadcasts, photos captured dur - ing sporting events and graphical interfaces in sports games (e-sports). Mere ideas, concepts, genres or styles are, however, not copyright protectable. Sports games as such are also not copyright protectable (CJEU 4 October 2011, C-403/08 & C-429/08, Football Association Pre - mier League Ltd and Others c/ QC Leisure and Others).

• Contrary to public order or morality (eg, offen - sive words or symbols). • Flags, emblems and official symbols (unless permission is granted by the relevant state or organisation). • Trade marks identical or confusingly similar to existing registered marks for identical or similar goods or services (leading to potential rejection due to conflicts with prior rights). Advantages of Trade Mark Registration • Legal protection – registration means hav - ing the exclusive right to use the mark in Belgium, the Netherlands and Luxembourg, and to take legal action against unauthorised use of the mark by a third party, or invoke the invalidity of subsequent registrations of trade marks regarding the same or a similar sign. • Brand value and commercialisation – this allows sports clubs, leagues and athletes to generate revenue through merchandising and sponsorships. • Enforcement against infringement – this right enables the owner to take legal action against unauthorised use of the mark. • International expansion – a Benelux trade mark can serve as a basis for EU-wide or international registration. Notable Sports Trade Mark Cases in Belgium Peloton Interactive Inc. v The Women Peloton (TWP) In 2024, the Brussels Court of Appeal ruled that the name of a Belgian women cycling group, “The Women Peloton” , infringed upon the EU and Benelux “PELOTON” trade marks of Peloton Interactive Inc, a US company specialising in fit - ness equipment. The court also rejected TWP’s counterclaim for invalidity, stating that the “PEL - OTON” trade marks are not purely descriptive and have distinctive character.

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