d 101018 nw (c5 conference geneva)
TRANSCRIPT
COUCHMAN | HARRINGTON ASSOCIATES
European Sports Law & Business 2010
Dogfighting, Homophobia, Adultery and more – Problems with Endorsement Contracts
Nick White, PartnerEmail: [email protected]
20-22 Bedford RowLondonWC1R 4EBTel: +44 (0) 20 7611 9660Fax: +44 (0) 20 7611 9661www.couchmansllp.com
Couchmans LLP
The Sports Business Lawyers
COUCHMAN | HARRINGTON ASSOCIATES
Orchestrating dogfights
Sex with person other than wife
Racial slur on Twitter
Carrying a pistol without a licence
Performance enhancing drugs
Recreational drugs
Real examples of problems under
endorsement contracts
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Some Examples
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Coke Zero: “…not appropriate to run an on-pack promotion featuring Wayne Rooney.” But Coke Zero Street Striker relationship maintained.
EA Sports: "This is a personal matter and we respect Wayne and his family's privacy… "
Nike: "This is a private matter for Wayne and his family…"
Case Study: Wayne Rooney
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Case Study: Tiger Woods
Nike: Maintained
EA Sports: Maintained
Gatorade: Dropped Tiger Focus drink but relationship maintained
Tag Heuer: Dropped from US ads but relationship maintained
AT&T: Terminated
Accenture: Terminated
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To terminate or not to terminate
Is brand looking to associate with the person or the athlete? Is campaign built around the individual?
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Morality Clauses
What is the trigger for remedy? - Criminal matters (Arrest? Charge? Conviction? Conviction and all rights of appeal exhausted?)- Non-criminal matters
Contractual mechanism for athlete to make representations to the brand
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Remedies for Sponsors
Termination
Suspension
Reduction in compensation
Cancellation of bonuses
Sue for damages
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Privacy is enforced via breach of confidence
Contrast 1st Amendment in US
Balancing test
UK Legal Recourse - Privacy
Article 8 (respect for private life)
Article 10 (freedom of expression)
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“Superinjunctions”
Publication restrained of the fact of the order (as well as of the identity of claimant and of the allegations)
Example
Jan 2010: John Terry superinjunction lifted. Claimant’s real concern was his sponsorship deals.
UK Legal Recourse – Privacy contd.
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The Test- Would the allegation tend to lower the claimant in the eyes of right thinking members of society?- Is the allegation false? Beckham and libel tourism
UK Legal Recourse - Defamation
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Benefits of social media for brands
@Cristiano: My friend Jorge Monteiro caught me napping. Gotta rest sometime......
@Cristiano: This just went up on Sunset Boulevard in Los Angeles. What do you think?...
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Dangers of social media
COUCHMAN | HARRINGTON ASSOCIATES
European Sports Law & Business 2010
Dogfighting, Homophobia, Adultery and more – Problems with Endorsement Contracts
Nick White, PartnerEmail: [email protected]
20-22 Bedford RowLondonWC1R 4EBTel: +44 (0) 20 7611 9660Fax: +44 (0) 20 7611 9661www.couchmansllp.com
Couchmans LLP
The Sports Business Lawyers