DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
2. Commercial Rights 2.1 Available Sports-Related Rights Various commercial rights apply within the Dan - ish sports industry. These include merchan - dising, ticket sales and hospitality packages (whereas the latter may not be considered a legal right). Merchandising Rights-holders, such as sports teams and federations, seek to capitalise on their brand equity through the sale of branded merchan - dise. Typically, these rights are commercialised via licensing agreements, allowing licensees or sub-licensees to design, manufacture, and sell products incorporating the rights-holder’s intel - lectual property. In exchange, the rights-holder receives licensing fees and royalties based on sales. Trade mark law, the Danish Marketing Practices Act and contractual enforcement play a key role in preventing unauthorised use of team logos, player likenesses, and counterfeit merchandise. The value and enforceability of merchandising rights has been confirmed through various case law in Denmark. For instance, in the so-called Leo Vegas case, the High Court found that the unauthorised commercial use of red-and-white jerseys resembling the Danish national team’s kit constituted a violation of the Danish Marketing Practices Act. Ticket Sales Selling tickets to live events remains a key reve - nue stream for sports organisations in Denmark. Clubs and event organisers sell tickets directly to consumers through official platforms, and rev - enue from ticket sales can be particularly sig - nificant for teams that do not benefit from sub - stantial broadcasting income. The impact of the
COVID-19 pandemic demonstrated the financial importance of matchday revenue, as restrictions on fan attendance led to considerable losses for clubs and federations. Secondary Ticketing Platforms The resale of tickets on secondary markets in Denmark 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. The act allows for the use of cer - tain administrative fees in the resale price, but it explicitly prohibits profit-driven resale. To combat illegal ticket scalping, event organis - ers monitor online resale platforms and enforce contractual restrictions to limit unauthorised transactions. Some sports organisations also implement personalised ticketing systems to track sales and prevent illicit resales. While the Danish act does not ban secondary ticket sales outright, it ensures transparency and protects consumers from excessive markups. Hospitality Hospitality packages represent a growing rev - enue stream for Danish sports venues, offer - ing premium experiences such as VIP seat - ing, exclusive lounge access, fine dining, and meet-and-greet opportunities with players. More and more stadiums and arenas have incorpo - rated hospitality facilities to generate additional income and provide high-end experiences for corporate clients and sponsors. There have even been instances where third parties have attempted to exploit hospitality areas by charg - ing fees for access. This may be a breach of the Danish Marketing Practices Act.
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