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Law Caddie
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Play on and let us handle the legalities
Play on and let us handle the legalities

3 followers
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Law Caddie helps you to understand your contracts so that you can play as per Law.....
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Paparazzi in Sports Field
A footballer is playing away; a cricketer is caught out; an athlete has gone off track; a baseball star has made a home run – but to the wrong home. Are these private matters that our sporting heroes can expect to be kept private? Or must our celebrity sport stars suffers the slings and arrows of media intrusion, and accept that their antics are at risk of being plastered over the pages of the press and captured in paparazzi pictures for the world to gawp at over their Sunday morning breakfast tables?
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If something goes wrong in professional sports and there is an insurance policy, it should not be assumed that the policy represents money in the bank. Things can go wrong under the policy, just as much as things can go wrong in sports. There are legal risks with respect to any claim under
an insurance policy, whether the policy insures professional sports or anything else. Those risks must be managed and they can be managed in a large part by two important steps: clarifying and understanding the scope of the insurance cover and ensuring the risk is presented fairly to the
insurer.
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Let us put the Rights into your Right Image !!!!!
Personality Rights in sports play an important role in the brand creation of individual sports players and teams. Celebrity status leads to various forms of image creation, brand endorsement and revenue generation capitalizing on fame. It is desirable that the federations, organizers, team owners and sports gear manufacturers must opt for registration of their team names, logos, venues, captions, taglines and slogans registered as trademarks under the (Indian) Trademarks Act 1999, which will make their life easy for protecting their trademarks in Indian courts. An initiative on the part of the players to register their names, photographs and caricatures as trademarks/ brands should also be the norm of the day. Mere association of the name of a team, their logo or a team player, could offer unprecedented mileage to the person or entity using such name or logo. It is a loss to the team, team owner, the player and an unwarranted gain for the entity associating such name or logo for their own commercial benefits, without taking any permission, or paying any license fee or royalty. An unauthorized use of the trademarks by a third party without the consent or license of the respective owners of such trademarks, may also result in damage to the goodwill and reputation of the stakeholders, also amounting to unfair trade practice, unfair competition and dilution of goodwill and reputation.
Under the (Indian) Trade Marks Act, 1999 both civil and criminal remedies are simultaneously available against infringement and passing off. It is interesting to note that for seeking protection under the Indian laws REGISTRATION OF TRADEMARK IS NOT MANDATORY, so even those who have not obtained any registration can enforce their rights in the court of law. Interestingly violation of a trademark is a cognizable offence in India, and criminal proceedings can be initiated against the accused. Such enforcement mechanisms are expected to boost the protection of marks in India and reduce infringement and contravention of trademarks.
LawCaddie is the first of its kind sports legal firm which deals with such issues and helps you protect your rights against your images be it on-field or off-field.
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Duped by Doping
Doping means athletes taking illegal substances to improve their performances
There are five classes of banned drugs, the most common of which are stimulants and hormones. There are health risks involved in taking them and they are banned by sports' governing bodies.
According to the UK Anti-Doping Agency, substances and methods are banned when they meet at least two of the three following criteria: they enhance performance, pose a threat to athlete health, or violate the spirit of sport.
Most testing for doping products uses a long-established technique called mass spectrometry.
This involves firing a beam of electrons at urine samples to ionise them - turning the atoms into charged particles by adding or removing electrons.
Each substance the sample contains has a unique "fingerprint" and as the scientists already know the weight of many steroids, for example, they are able to rapidly detect doping.
But there are difficulties with the system.

Some by-products of doping substances are so small they may not produce a strong enough signal for detection.
Blood testing is capable of detecting EPO and synthetic oxygen carriers, but not blood transfusions.
On August 1, when the director general of the National Anti Doping Agency (NADA), Naveen Agarwal, read out the ‘relevant portions’ of the findings of the disciplinary panel, he highlighted three key points that convinced them that Narsingh Yadav was not guilty of doping. Embarrassingly for NADA and its hearing panel, the CAS judgement, drawn from scientific evidence produced by sports medicine expert Christiane Ayotte, contradicts all these points.
Agarwal had said, that the estimated concentration of prohibited substances found in his urine sample on July 5 were much less than the sample collected on June 25. The second point that swayed the verdict in the wrestler’s favour, according to Agarwal, was Narsingh’s clean past.
It led the panel to believe that ‘he wasn’t a regular user of prohibited substance in any form’ and there was just a ‘one-time ingestion’, without his knowledge
Lastly, the panel concluded that Narsingh took proper care of his food and water, which showed that the 27-year-old had followed the WADA mandate of securing his surroundings. Based on these observations, the NADA panel exonerated him.
However, the Court of Arbitration for Sport (CAS) quashed all the suppositions and banned the wrestler for four years.
While reading excerpts from the panel’s verdict earlier this month, Agarwal said: “The claim of the athlete gets support by the reason that ingestion of prohibited substance in the present facts of matter appears to be one time.” While explaning the rationale, Agarwal said only the long-term metabolite of the drug methadianone was detected in his second urine sample, which was tested on July 5.
Agarwal, who heads the body that should be policing drug offences, further defended Narsingh’s claim by saying: “It should also be kept in mind that in the past, till June 2, none of the samples collected from athlete were found positive. It is further unconceivable (sic) that one-time ingestion by the athlete would be of significant gain to him. Therefore, the panel is of the opinion that one-time ingestion by the athlete was not within his knowledge. and it strengthens the claim of the athlete of sabotage having taken place to him under the facts and circumstances.”
But that’s not entirely true. According to CAS report, this wasn’t just a one-time ingestion. Ayotte, the head of World Anti Doping Agency’s Montreal lab, said the concentration of the long term metabolite in the second sample was too high to be consistent with one-time ingestion.
“The expert evidence was that this was not a one-time ingestion (the reading of the long term metabolite in his second test was consistent with a second ingestion towards the end of June 2016),” the report states.
The panel, in its verdict as read out by Agarwal, also expressed its satisfaction about the “utmost caution exercised by the athlete in ensuring that no prohibited substance enters his body.” Agarwal added: “The athlete pleads that the only caution he failed to undertake is that he did not keep his eye on the amino drink during practice on June 23 and 24.”
CAS, however, dismissed these observations, which lacked proper evidence.
“He (Narsingh) cannot establish the source of the prohibited substance, he has merely claimed that his drink must have been spiked during a training session on June 23 or 24. there is no evidence relating to this… all in all, the panel found the sabotage(s) theory possible, but not probable and certainly not grounded in any real evidence…the panel was satisfied that the most likely explanation was that the athlete simply and intentionally ingested the prohibited substance in tablet form on more than one occasion.”
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Let your legal needs be ours !!!!!
The sports arena has expanded massively in the last 10 years. The commercial stakes are at all time high with players , coaches, clubs and governing bodies facing challenging times. The ambit and scope of regulation has increased significantly and carefully considered legal advice is required to protect the interests of both clubs & players.
Sports lawyers can offer professionally tailored advice and representation to players, clubs, coaches, referees and governing bodies on a variety of legal and regulatory matters.
If you require assistance in any regulatory or disciplinary proceedings, sports lawyers can assist you by providing the following service :
• Evaluate your case,
• Offer written advice on how to proceed, and
• Represent you before your governing body, tribunal, club or disciplinary committee
If you are a club or governing body, sports lawyers can offer advice on the drafting of rules, regulations and codes of conduct. Sports lawyers can also assist you in any disputes with governing bodies and/or other regulators.
We here at LawCaddie are a team of legal experts in sports who can assist you in all your legal matters.
For more information please feel free to contact us.
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Getting Out of a Contract – Tough but not impossible !!!!
Legally, you can't get out of a contract just because you've changed your mind. If you try, the other party will probably sue you for breach of contract. It's always possible that the contract includes a loophole or escape clause that allows you to get out, but you usually need a legally justifiable reason to declare the contract void.
The Other Party Backs Out First
You can typically get out of a contract if the other party gives you some indication that he's not going to uphold his end of the agreement. In legal terms, this is "anticipatory breach of contract" or "anticipatory repudiation." A "material breach of contract" occurs when the other party actually takes action to void the contract, such as if he sold something to someone else that you had contracted with him to buy.
The Agreement Is Unconscionable
Courts don't usually uphold contracts that are grossly unfair to one party. For example, you might contract with a cell phone provider, and you must sign their contract as-is and with no negotiation or you can't have service. This might be unconscionable, particularly if it's the only service available where you live and if the carrier charges you three times the national rate. In legal terms, this is an "adhesion contract." One party has all the power and uses it to achieve a contract that's lucrative but damaging to the other side.
Fraud Voids Contracts
Both parties to a contract must have a clear understanding of what they're agreeing to and each side must perform and deliver as promised. If you contract with someone to purchase a used car, and if he tells you it's in excellent condition, you have a right to rely on that. If you get the car home and the tires fall off because both axles have repeatedly been broken and soldered back together, the seller has committed fraud and you can get out of the contract. Fraud typically implies that the seller was fully aware of the broken axles, but it can also apply if he never had the axles checked before promising you that the car was in excellent condition.
Statute of Frauds May Apply
The statute of frauds doesn't relate to fraud in the sense that one party has deliberately deceived the other. It's a statute in the legislative codes of most states that requires written and signed contracts for certain types of transactions. Typically, these include long-term contracts where you'll be making payments over time, such as for a mortgage or auto loan. It may also apply to transactions over a particular dollar amount. If you don't have a written contract, your deal may not be enforceable, so check with an attorney who knows your state's laws to find out if you can get out of it.
A Contracts Law Attorney Can Help
The law surrounding breaches of contract is complicated. Plus, the facts of each case are unique. Here is where LawCaddie will assist you and provide you legal advice by our team of legal experts.
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