DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
common control with another club in the com - petition as further specified in the Circular. Vio - lations of these ownership restrictions may, among other things, result in a revocation of the club licence, effectively barring the club from operating as a professional football business. 4.3 Funding of Sport In Denmark, the funding of sports varies depend - ing on the discipline, with football standing out as the most commercially driven and financially demanding sport. Over the past six years, the financial position of Danish Superliga clubs has improved signifi - cantly, driven by major player transfers, increas - ing sponsorship revenue, and a substantial rise in attendance. In the financial year of 2023 the clubs, FC Copenhagen, FC Midtjylland, Silke - borg, AGF, FC Nordsjælland, Viborg, and Rand - ers, jointly generated a profit of EUR100 million (approximately DKK747 million). The business model for the majority of Danish football clubs is to a wide extent based on the principle of talent development and the sale of talented players before they reach the peak of their footballing ability, with the sole purpose of cashing in on the player. 4.4 Recent Deals/Trends Within the last five years, there has been an increasingly strong interest from international investors targeting Danish football clubs. Inter - national investors have become shareholders in, for example, AC Horsens, Brøndby IF, Aalborg Boldklub and Silkeborg IF. Simultaneously, there has been a notable trend of frequent change of ownership among Danish football clubs. Most recently, Sønderjyske and Vejle have reverted to local ownership, reflect -
ing a broader shift in the structural and financial landscape of Danish football clubs. Another interesting trend in Danish football is the introduction of multiple-club ownership. Some of the club owners also own shares in football clubs in other countries – eg, FC Midtjylland (CD Mafra, Portugal) and Brøndby IF (Crystal Palace, England). 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Registration and Protection of Trade Marks Under the Danish Trademark Act, a trade mark right can be established either through: • registration with the Danish Patent and Trade - mark Office (DKPTO), the EU Trade Mark (EUTM) system, or the Madrid Protocol for international registration; or • use in commerce, where a trade mark gains recognition through substantial use in the market; this requires that the mark has been used in Denmark to an extent that is “more than locally limited.” The granted protection is particularly relevant in the sports industry, where brand identity and commercial exploitation play a crucial role in financial success. Sports clubs, athletes, and federations often register their names, logos, and other branding elements to protect their commercial identity and prevent unauthorised use – eg, to protect the sale of merchandise, licensing, and sponsorship deals. Notable Legal Cases in Sports Trade Marks A recent case regarding trade mark enforce - ment occurred in March 2024, where the Euro -
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