Practice 02 · Commercial Law

Rightscontrol.

Those who don't know their rights forfeit them. Those who know them but cannot enforce them lose them.

What this is about

Marketing rights are the second income pillar of a professional athlete — for many top players they comfortably outpace the club salary. They comprise more than endorsement contracts: image rights, personality rights, trademark rights, data rights. The question is rarely whether these rights exist, but who may use them, when, in what scope, and against what compensation. Those who do not actively architect this layer leave it to the counterparty.

Mandate situations

When this counsel is needed.

Four to five recurring constellations in which the mandate typically begins. The list is not exhaustive — it shows the spectrum.

01

Endorsement contract with a global sportswear manufacturer

A multi-year sponsorship agreement with exclusivity clauses, mandatory appearance obligations, performance-linked compensation tiers. Negotiation must address scope (category, territories, term), termination mechanisms in case of sporting setbacks, and protection against over-commercialisation.

02

Conflict between club image pool and individual marketing

The club uses the player's image in contexts that exceed the team-marketing rights granted in the contract. Or conversely: the player appears for brands that conflict with the club's sponsors. The resolution lies in the contract — if it was drafted with sufficient foresight.

03

Licensing and marketing agreements with platform providers

Trading-card licences (FIFA Connect, Panini), gaming licences (EA Sports FC), performance-data exploitation. The counterparties are typically international corporations with standard-form contracts that systematically deprioritise player interests. Room for negotiation exists — when it is built up deliberately.

04

Personality-rights infringements in press and social media

Untrue reporting, unauthorised image publications, personality infringements in fan forums or rating platforms. Swift action is decisive because visibility in professional sport directly influences market value.

Capabilities

What is concretely addressed.

The capabilities below do not stand as standalone services side by side, but interlocked — as the mandate requires.

01

Sponsorship and endorsement agreements

Drafting, review and negotiation of individual marketing contracts with sportswear manufacturers, consumer-goods companies, financial-services providers. Structuring of compensation tiers, performance bonuses, exclusivity provisions.

02

Image and personality rights

Demarcation between club and player, scope of image-rights transfer under the player contract, enforcement against unauthorised use.

03

IP and trademark rights

Registration and defence of individual marks (player names, personal brands), licensing to clubs or third parties, protection against opportunistic trademark filings.

04

Data and exploitation rights

Structuring of the rights chain for performance data, GPS tracking, gaming licences. Foundational question: who is data holder, who may grant licences, in what scope.

05

Contractual and interim protection

Cease-and-desist letters, preliminary injunctions, injunction proceedings in case of personality or image-rights infringements. Reputation protection beyond the courts — through structured crisis communication in coordination with PR advisors.

Method

Commercial law in professional sport is rights cartography. Before any negotiation begins, the rights chain must be fully mapped: which rights does the player hold in their image, name, data? What has been transferred to whom — via the player contract, sponsorship contract, platform terms? Without this map, negotiation proceeds in the dark.

You have a concrete matter?

A first assessment is provided confidentially and without obligation — typically within 24 hours.

Engage counsel