Court Finds No Sui Generis IP Rights for Sporting Event Organisers
In 2010 MSL saw that several photos taken as its races in 2007, 2008 and 2009 had been used by Mr. Costich and MX Only One SARL in advertisements to promote similar events which they organized. As MSL had not authorized this use, it began proceedings against Costich and Only One before the Arlon Court of First Instance, requesting an injunction against further commerical use of the photos and damages.
The case was not based on alleged breach of contract as neither Costich nor Only One had signed the MSL accreditation contract. Further, there was no evidence that the photographer (who was not involved in the proceedings) had signed such contract with MSL.