QUARTERLY INTERNATIONAL SPORTS LAW NEWSLETTER – OCTOBER 2024

Welcome and Aims

We welcome readers to the first issue of our International Sports Law Newsletter, which will appear quarterly, and aims to update you on developments and activities in our sports law practice.

Paris Olympic and Paralympic Games 2024

The 2024 Olympic Games and Paralympic Games were held in Paris, France, from 26 July to 11 August and from 28 August to 8 September respectively and were, in general, hailed as a great success. The next editions of the Games and the Paralympics will be held in Los Angeles, USA, in 2028.

As far as the Paris Games were concerned, they were, to some extent, overshadowed by the controversy surrounding the participation of two transgender women boxers from Algeria and Taiwan, who both won gold medals in their respective weight categories, and which raised questions of fairness in competition.

This matter was the subject of world-wide media interest and was also commented on at the time by Dr Lucien Valloni and Sara Botti in a Post on the ‘Sports Law and Taxation’ website at ‘www.sportslawandtaxation.com’ (content access is free!).

In the conclusion to their Post, they made the following basic point:

“In the legal field, it is imperative that the analysis and regulation regarding the participation of transgender athletes in sports competitions are guided by principles of fairness, respect for human rights, and sports integrity. Not only is it essential to protect the athlete undergoing analysis, ensuring that they are not discriminated against based on their gender identity or genetic characteristics, but it is equally essential to protect the interests and rights of athletes who have dedicated their lives, training, and professionalism to sport.”

A further controversy at the Games involved the dismissal by the Court of Arbitration for Sport (CAS) Ad Hoc Division (AHD), sitting in Paris during the Games, of an appeal by the twice US Olympic gymnast, Jordan Chiles, against the denial of her bronze medal in the women’s gymnastics floor event at the Games, and her subsequent appeal to the Swiss Federal Supreme Court on the grounds of violation of her right to be heard and the alleged bias of the President of the CAS AHD. See further on this Case and Challenging CAS Awards in the NEWS section of the Firm’s website at ‘www.valloni.ch’.

Women Football Players

The rise of women’s football competitions and the increasing popularity of the women’s game, especially as demonstrated in the 2023 FIFA Women’s World Cup, is another current sports law issue worthy of mention. In particular, the need for women football players to compete on a ‘level playing field’ with their male counterparts.

Dr Lucien Valloni and Sara Botti, who is Head of our Italian Group Practice, have also contributed a Post on this subject to the ‘Sports Law and Taxation’ website, commenting on the aims and objectives of an Italian Investment Group interested in the further development of women’s football, known as ‘Mercury/13’.

The authors note in their Post that from a club and players investments point of view:

“A club backed by strong investors can provide fair and competitive compensation to its players, allowing them to dedicate themselves fully to their careers without the need to seek secondary employment to support themselves.

This shift in focus—enabling players to concentrate solely on their training, development, and performance—has a profound impact on their individual growth and the overall success of their teams. When players can train consistently and without external distractions, their skills improve, leading to better on-field results. This, in turn, elevates their market value as athletes, increasing the club’s appeal to sponsors, broadcasters, and even future transfer markets.”

‘Sport’s trial of the century’

Manchester City Football Club faces the following 115 charges of alleged breaches of football financial rules over a period of 14 seasons:

• 54 x Failing to provide accurate financial information 2009-10 to 2017-18;
• 14 x Failing to provide accurate details for player and manager payments from 2009-10 to 2017-18;
• 5 x Failing to comply with UEFA’s Rules including Financial Fair Play Rules 2013-14 to 2017-18;
• 7 x Breaching Premier League’s Profit and Sustainability Rules 2015-16 to 2017-18; and
• 35 x Failing to cooperate with Premier League investigations December 2018-February 2023.

These charges are being heard at the International Dispute Resolution Centre in London by an Independent Commission, which began hearing the case on 16 September 2024. The case has been billed as the ‘sport’s trial of the century’.

It is expected to last for 10 weeks, and a decision is expected early in 2025.

The Club has always denied the charges, stating that it has a “comprehensive body of irrefutable evidence” in support of its position.

If found guilty by the Independent Commission, the Club could face fines and, in an extreme case, expulsion from the English Premier League.

There is, therefore, a lot at stake, and the outcome of the case is quite unknown as it is unprecedented!

Football financial rules are complex, and we can advise and represent clients on them.

Tiger Woods Trademark Case

The professional golfer, Tiger Woods, is facing opposition to the filing at the US Patent and Trademark Office of the logo as a trademark in respect of his Sun Day Red golf apparel line, which he launched in May of this year.

This logo refers to the fact that he always wears red on Sundays and is a tribute to the 15 Major Golf Titles that he has won during his career.

The opposition has been filed, on 25 September 2024, by a Company called Tigeraire, which makes cooling products for athletes. The Company claims that Sun Day Red and Woods have “unlawfully hijacked” the Company’s design, “a long-standing protected mark, brand and identity”, into Woods’ logo.

Woods has 40 days in which to file a response to the Tigeraire opposition, which has automatically suspended Woods’ trademark application.

The opposing marks:

The matter is not expected to go to trial, as the parties will probably try to reach an amicable settlement through an accommodation agreement, allowing the Tigeraire and Woods’ trademarks to co-exist.

We advise and represent clients on sports-related intellectual property matters, including trademark disputes.

Israel Football Association (IFA) Discrimination Claim

The Palestinian Football Association (PFA) has filed two complaints to FIFA, the World Governing Body of Association Football, against the IFA, alleging breaches of FIFA rules, and has called for sanctions against the national teams and clubs of Israel, including suspension from international football.

The first complaint is one of discrimination within the national league.

The second one alleges the participation in Israeli competitions of Israeli football teams based in the Palestinian territory.

The first complaint is being investigated by the FIFA disciplinary committee; and the second one by the FIFA governance, audit and compliance committee.

The President of FIFA, Gianni Infantino, stated:

“The FIFA Council has implemented due diligence on this very sensitive matter and, based on a thorough assessment, we have followed the advice of the independent experts.”

The President of the IFA, Shino Moshe Zuares, stated:

“We are facing a cynical and political hostile attempt by the Palestinian association to harm Israeli football.”

The IFA complaints are being made against the background of the military campaign in Gaza in response to the unprecedented attack on southern Israel by Hamas gunmen on 7 October 2023, in which 1,200 Israelis were killed and 251 hostages were taken.

Once again, a case of politics mixing with sport!

Politics and Sport

The age-old question of whether sport and politics should or should not mix is explored in an insightful article entitled, ‘The politicisation of sport and the principle of political neutrality: a contradiction in terms?’ by Professors Jonathan Grix and Mark James of Manchester Metropolitan University, United Kingdom, and published on 9 July 2024 in ‘The International Sports Law Journal’ which is worth bringing to the attention of our clients and the readers of this Newsletter, especially Sports Governing Bodies.

The article exposes the myth on which the principle of political neutrality in sport is based, including the attraction of sport to Governments for so-called ‘sportswashing’ to deflect attention from human rights and other controversial political issues and the ‘soft power’ use of sport to increase the geopolitical influence of Governments through, for example, the hosting of international sports events. In particular, the authors point out that the war in Ukraine and the hosting of the FIFA Men’s World Cup in Qatar in 2022 have tested the political neutrality of both FIFA and the IOC.

The article may be accessed in full through the following link:

https://link.springer.com/article/10.1007/s40318-024-00273-w.

Food for thought indeed!

Appointment of International Sports Law Consultant Prof Dr Ian Blackshaw

The Firm’s sports law team has been strengthened and enhanced with the appointment, on 1 October 2024, of Prof Dr Ian Blackshaw as International Sports Law Consultant. He is a leading and experienced international sports lawyer, academic, author and member of the CAS (Court of Arbitration for Sport), Lausanne, Switzerland and the WIPO (World Intellectual Property Organization) Arbitration and Mediation Center, Geneva, Switzerland.

Commenting on his appointment, Dr Lucien Valloni stated:

“Ian Blackshaw brings with him acknowledged expertise and extensive as an international sports lawyer and academic, which will add value to my firm and its clients.”

Further background information on Prof Dr Ian Blackshaw may found on the NEWS and TEAM sections of our website.

Careers with Valloni Attorneys at Law

We are always looking to recruit further well-qualified and motivated members of our Team, who, in line with the ethos of our Law Firm, are focussed on results, and we should be pleased to hear from such candidates, who should email their CVs to ‘valloni@valloni.ch’.

Further Information and Advice

Readers, who would like further information and professional advice and assistance on any of the sports law issues covered in this Newsletter, or, indeed, on any other matters, especially sports-related disputes of a sporting or a commercial/financial nature, which are a particular specialism of our Law Firm, are invited to email our Founder and Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’.

© Valloni Attorneys at Law 2024 and All Rights Reserved