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It is very much likely in this sporting arena of businesses for issues to arise from an unforeseen space, hence in the run of getting rid of such issues, flexible approach complemented with a lucid framework of principles carry a consolidated version of combating the impact of such threats promptly and effectively. Over the past years it has been witnessed how this type of infringements even after being highly ubiquitous and difficult to keep a track on, with the help of legal process have created a new standard to conclusively determine the grey area of laws which at the end resulted in closing off all the areas of apparent weakness.
In addition to that the very adaptation towards the evolving nature of social media in this regard plays a very pivotal role. If the event owner is vigilant enough with the core of its rights and has a consistent principle in place to enforce rights, it will be easier to conclude the new challenges with the best responses.
At the final stage, the event owner must be equipped with the apprehension that the sporting events are originally situated within its social milieu which makes it inevitable for the public to have banter on. So retention of quality sense of balance and perspective while enforcing commercial rights always carry significance. At the end of the day good sense of humor appreciates the public’s right to enjoy and associate with the event.
At the same time it also seems very fascinating that strictures put in front by the event owners to prevent ambush marketing have themselves given birth to a new genre of humorous comment. Also from the perspectives of event organizers, they should not fluster themselves into knee-jerk reactions as it potentially alienates fans and other stakeholder involved with the events. Everyone should be given space to interact with and enjoy the event in a manner of their own choosing. Most importantly, the RPP must not get into a totalitarian approach. Facilitation of enjoyment and avoid alienation in this context restricts the potential clampdown of free speech, expression and engagement. Further, it nurtures greater goodwill and support for the event organizers and the event itself.
Sports industry on the verge of being mantled by the evil clouds of counterfeiting issues which are coupled with the aspects of ambush marketing as well as branding piracies, endemic to the orbs of Intellectual Property Rights infringements, must acknowledge the fact that the consumer and society have suffered a lot so far due to the excessive expansion of vulnerability of this particular sector. Amidst of all the odds, counterfeiting issues are mostly dealt with these days. Especially with respect to the leagues which have had many problems with sports memorabilia dealers in particular who buy counterfeit jerseys to get them signed. In case of counterfeit shortcuts, they are likely to reveal themselves by wear and cleaning, but rarely get manifested themselves as the bunch of people who buy these jerseys with signature on them doesn’t really believe in wearing them off. In accordance with the estimation of MarkMonitor, more than 300,000 unlicensed jerseys are sold in bulk to businesses each year.
With the commercialization of sports industry around the world, the Intellectual Property Rights Protection in events like Trademark has simply become inevitable. And the best part is a well groomed management of Intellectual Property can guarantee maximization in the economic returns. In this very context, the insight protrayed by Prof. De Werra in his book Sports and Intellectual Property must be taken into consideration where he says,
-“If intellectual property has something to learn from the sports industry, it can conversely be considered that the sports industry may have something to gain from the assimilation of the key values of IP law.”-
It is absolutely the need of the hour for the owners investing valuable resources upon registration, proper licenses and contracts with an aim to protect the value of sports and sporting assets, to ruminate on the probable efforts to actively protect the Intellectual Property from infringements and abuse. Within the ambit of sports industry, the proper protection and enforcement of Intellectual property would forever be of supreme significance. Therefore meeting the prerequisites would definitely satiate the sporting events to remain as a possible financial actuality within worldwide countries.
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