Omphile Ramela’s Post

In a recent case, Lee Riders Motorcycle Club v. Nigel Jacobs & Registrar of Trade Marks, the Court dealt with an opposition based on section 10(7) of the Trade Marks Act. Although the opposition was unsuccessful, the case provides insights into what constitutes a potentially mala fide trade mark application. Click here to find out more: https://buff.ly/3L7pkBh #africaupdate #adamsadamslaw #africanlawfirm #realiseafricanenterprise

Did you know? The VGCCC is conducting an inquiry to understand and improve the bingo sector in Victoria. We aim to address issues of fairness, integrity, and safety. Learn more about our efforts and how you can contribute: https://ow.ly/XvHz50SagUv #BingoInquiry #VGCCC

Some thoughts on today’s decision in The FA v Nottingham Forest FC... (1) In its previous decision on liability, a FA Regulatory Commission held that tweets posted by NFFC on X after its April 2024 game vs. Everton constituted improper conduct, in that they implied bias and/or questioned the integrity of the Match Officials, contrary to FA Rule E3.1. In determining sanction, the Commission adopted a two-pronged approach, looking at culpability and, then, harm. (2) In respect of culpability, the Commission deliberately adopted and replicated the approach taken in both Reading FC v The Football Association [2015] and in The FA v Manchester City FC [2022], so as to ensure “consistency of approach as between separate instances of this form of misconduct”. This is to be welcomed: ‘Participants’ under the FA Rules are entitled to expect – as far as it is possible to achieve – consistency of approach as between FA Panels when sanctioning for charges established under Rule E3.1; albeit each case will turn on its facts. (3) The Commission declined to categorise NFFC’s tweets as being at the highest end of the culpability scale (‘very high’). For this, the Commission held, it would need to have been established that the Club took a “deliberate, premeditated and calculated decision […] explicitly to allege actual bias”. Here, the Commission held, the allegation of bias was “imputed” (see §27-31). The distinction between imputed bias, and an explicit allegation of bias is, however, difficult to draw. Observers might query whether reference - in the context of a complaint - to an official’s alleged support for another club, which happens to be in a relegation fight with the author club, can properly be characterised as imputed. Here the Commission was satisfied that it was. (4) Apologies matter, and are relevant to the questions of both culpability and harm. Here, the Commission held NFFC’s “damage-limitation exercise”, not relevant to culpability, given both its timing, and the absence of any genuine apology that could be discerned therefrom (§24). Conversely, the Club’s ongoing failure to remove the offending post, or to apologise, was plainly relevant to the question of harm (§66). (5) The sanction ultimately imposed, including a £750,000 fine, is a substantial one, and reflected a threefold concern on the part of the Commission to: (i) ensure consistency of approach; (ii) impose a penalty commensurate with the culpability of the Club and the harm caused; and (iii) deter other clubs “from behaving in a similarly cavalier and irresponsible manner in an era where social media rules” (§60). Whether the fine indeed meets those objectives will be for others to judge; although it does beg the question what fine might have been imposed had the Commission taken an alternative view on actual vs. imputed bias – and, thus, culpability. Lots more in the decision, which is worth reading in full. >> #sportslaw #theFA #culpability #harm #sanction

On Friday, Europe's top court ruled that key aspects of #FIFA’s player transfer system violate #competitionlaw and the freedom of movement for workers. This case, brought by former footballer Lassana Diarra, challenges the system that holds new clubs liable for compensation when signing players whose contracts were terminated without just cause. The court found these rules create excessive risks, restricting player movement and competition between clubs. In our latest #Perspective Luke Streatfeild, Jonothan Broadbent and Natalie Jukes explore the growing trend of using competition law to challenge powerful sports governing bodies. #football #transfers https://bit.ly/3U1ElJL

Court of Justice of the European Union: “Some FIFA rules on international transfers of professional footballers are contrary to EU law. Those rules hinder the free movement of players and competition between clubs.” #ecj #football #competitionlaw #europeanlaw #justice #sportslaw #footballlaw

How do clubs fight damaging disciplinary and financial sanctions resulting from unacceptable actions from fans in Danish football and abroad? ⚖️ As a former legal secretary of the Dansk Boldspil-Union (DBU) Appeals Committee and the Danish Arbitration Tribunal for Football, and after more than 5 years as an independent sports lawyer I have been involved in all kinds of sports law disputes in Denmark. Especially the sanctions imposed on clubs weekly and the unacceptable and football-destroying behavior of a minority of fans are a big challenge for clubs ⚽️💸 But how to combat and change this for the better? Could it be a solution to do more to hold fans responsible for their actions, also financially through suing them for damages? In today's sports newspaper, Bold, I have given some overall legal recommendations based on previous leading case law that should be relevant to several of my clients and especially to all professional football clubs in Denmark 🇩🇰 #sportslawspecialist #disciplinarysanctions #stopunacceptablebehavior #fodboldadvokaten #danishleague #forthegoodofthegame #UEFA #FIFA https://lnkd.in/d9iJuDsC

Get the latest information from #TeamSPB on the recent legal action taken against Prime Hydration from the USOPC!

The Court of Justice has delivered an important follow-up to the infamous Bosman case, diminishing football clubs' power to the benefit of players.   Read the full article by our Golden Partner, Van Olmen & Wynant: https://lnkd.in/e8aD_fg8

The World Anti Doping Agency's recent involvement with police in Europe to smash a criminal network might signify a shift in its approach to illicit drugs, including cocaine - the subject of the AFL's recent scandal following allegations made by Australian MP Andrew Wilkie. The politician used parliamentary privilege to allege professional footballers in AFL were being secretly tested for cocaine ahead of game day, so they could be withdrawn from matches if there was a possibility they would test positive, questions were raised as to whether the illicit drugs policy was genuinely being used for health and wellbeing or as a cover to evade WADA (World Anti-Doping Agency) anti-doping suspensions. The AFL rejects the assertion. Former WADA director general, David Howman, discusses WADA's potential shift, ethics in sport, perceptions arouond secrecy, organised crime, and the societal challenge of illicit drugs and the responsibility of sport to call it out. #doping #WADA #AFL #cocaine #heist #secrecy #antidoping #sport #wellbeing

The decision of the European Court of Justice in the Diarra case last October has put the spotlight on the football transfer system. As the winter transfer opened in Belgium, our managing partner Sébastien Ledure shared his insights with L'Echo. 💡 🔗 Read the full (paid) article here: https://lnkd.in/eiVf9BS6 #FootballTransfers #WinterMercato #CRESTA #TheSportsLawFirm #TrustedAdvisors #SportsLawyer