DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
pean Union Intellectual Property Office ruled in favour of Superligaen A/S against the breakaway European Super League’s attempt to register “The Super League” as a trade mark. The ruling found that the proposed name was too similar to “SUPERLIGA” . Challenges in Trade Mark Protection The typical challenge regarding trade mark pro - tection in sports is the requirement of distinctive - ness. This is generally not an issue for club and federation names, as distinctiveness can also be acquired through use and recognition. For example, names such as FC København or Lyngby Boldklub possess sufficient distinctive - ness. Even though these names may be con - sidered somewhat descriptive, they have, over time, become sufficiently established to warrant protection. While club and federation names often qualify for protection due to their inherent or acquired distinctiveness, slogans and generic terms face greater hurdles in registration. 5.2 Copyright/Database Rights Copyright Protection in Sport The Danish Copyright Act protects literary and artistic works that meet the originality require - ment. However, athletic performances are gen - erally not eligible for copyright protection, as they do not constitute “works” in a legal sense. Under Section 65(1) of the Copyright Act, per - forming artists can receive independent protec - tion for their performances if they involve the execution of a work. However, sports perfor - mances typically fail to meet this requirement as they lack the necessary creative originality due to their reactive nature, as athletes’ move -
ments are largely dictated by their opponents and game situations. The Role of Copyright in Sports Although athletic performances themselves are not protected, copyright plays a crucial role in sports, particularly in: • Logos and Club Branding: Club logos and symbols may be protected as works of art if they reflect sufficient creative expression. • Support Songs and Anthems: Many sports clubs have copyrighted chants, anthems, and official music. • Broadcasting and TV Rights: Copyright sig - nificantly protects TV sports rights, particular - ly against illegal streaming and unauthorised reproduction. In Denmark, the Eastern High Court ruled in 2020 that streaming football matches without authorisation infringed copyright, leading to a court-ordered blocking of illegal streaming ser - vices. The ruling sets a precedent for stronger copyright enforcement in sports broadcasting. Database Rights in Sport Under Section 71 of the Danish Copyright Act, database rights protect collections of data where a substantial investment has been made in obtaining, verifying, or presenting the con - tent. This protection grants database creators the exclusive right to control the extraction and reuse of data. In the sports industry, clubs and organisations compile extensive databases con - taining player statistics, fitness data, scouting reports, and match analytics. If these databases meet the substantial investment threshold, unau- thorised use may constitute an infringement.
83
CHAMBERS.COM
Powered by FlippingBook