Showing posts from July, 2020
Issue 1 – Did the Club Financial Control Body (CFCB) breach its obligations of due process and, if so, what were the consequences thereof? MCFC: The decision by the Investigatory Chamber of the CFCB to refer the case to the Adjudicatory Chamber of the CFCB before concluding their investigation was premature and did not allow MCFC the opportunity to present its case. The CFCB breached duties of confidentiality and impartiality when leaks came out about the investigation and were published in the media. UEFA: There were no procedural flaws, and even if there were, they were cured by the new review from CAS, and also the Adjudicatory Chamber. CAS: The fact that the case was referred to the Adjudicatory Chamber before concluding the investigation did not prejudice MCFC. The leaks did not impact the impartiality of the decision-making process. Agreed with UEFA that new review by CAS (and the Adjudicatory Chamber) has a curing effect because both parties must resubmit all evidence.
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A trademark is a sign that can consist of words, designs, letters, numerals, colours, sounds or shapes that are capable of distinguishing the goods or services of one enterprise from those of other enterprises. The essential function of a trademark is to protect the intellectual property of an owner. As the sporting industry becomes more commercialised and continues to grow, more trademark disputes are arising. Disputes arise for a variety of reasons. This article will look at three ongoing issues involving trademarks. Each one offers a slightly different twist on trademark law and its application in the sporting industry. The Washington *Redskins* Recently, the Washington Redskins finally decided to drop the word ‘Redskins’ from their name after years of ongoing legal battles, changing public attitude and pressure from involved parties. The ability to register ‘Redskins’ as a trademark was challenged as early as 1992. The U.S. Patent and Trademark Office’s (USPTO) positi