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Contents

Published online by Cambridge University Press:  07 August 2025

Edited by
Ilias Bantekas  and
Marko Begović
Ilias Bantekas
Affiliation:
Hamad bin Khalifa University
Marko Begović
Affiliation:
Molde University College

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Type
Chapter
Information
Professional Tennis and Transnational Law
Contractual and Regulatory
 , pp. v - xiii
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Abbreviations

  2. Table of Cases

  3. Notes on Contributors

  4. Preface

  5. 1The Intersection between Law and Tennis

    Ilias Bantekas and Marko Begović

    1. 1Introduction

    2. 2The Regulation of Professional Tennis by Transnational Law

      1. 2.1Professional Tennis as Part of the Transnational Lex Sportiva

      2. 2.2The Transnational Character of Dispute Resolution of Professional Tennis

      3. 2.3The Relationship between the ITF, the WTA and the ATP

    3. 3Professional Tennis and Domestic Law

      1. 3.1Tennis Governance

      2. 3.2The Relationship between National Tennis Federations and the ITF

      3. 3.3The Labor Status of Professional Tennis Players

    4. 4The Relevance of International Law

      1. 4.1Professional Tennis as Part of the Olympic Movement

    5. 5The Human Rights Standard-Setting Role of Transnational Tennis Entities

  6. Part 1:Contractual

    1. 2Legal and Contractual Aspects of Agency and Player–Agent Relations in Professional Tennis

      William Bull

      1. 1Introduction

      2. 2Agency in Tennis

        1. 2.1Background to Sports Agents in General and Tennis Agents in Particular

        2. 2.2Types and Roles of Agents in Professional Tennis

      3. 3The Regulation of Agents in Professional Tennis

        1. 3.1Domestic Rules

        2. 3.2Transnational Rules

      4. 4Contractual Agreements between Professional Tennis Players and Agents

        1. 4.1The Law on Player–Agent Contracts

        2. 4.2Legal Issues Arising from Player–Agent Relations in Professional Tennis

    2. 3Protection, Commercialisation and Enforcement of Intellectual Property Rights in Professional Tennis

      Désirée Fields

      1. 1Introduction

      2. 2Overview of IP Rights

        1. 2.1Territoriality of IP Rights

          1. 2.1.1Ownership of IP Rights

      3. 3Trademarks

        1. 3.1What Is a Trademark?

          1. 3.1.1Types of Trademarks

            1. 3.1.1.1Traditional Trademarks

            2. 3.1.1.2Non-Traditional Trademarks

            3. 3.1.1.3Colour Marks

            4. 3.1.1.4Shape Marks

            5. 3.1.1.5Sound Marks

            6. 3.1.1.6Smell and Taste Marks

            7. 3.1.1.7Motion, Gesture Marks and Holograms

      4. 4Scope of Trademark Protection

        1. 4.1Designs

        2. 4.2Copyright

        3. 4.3Image Rights/Rights of Publicity

        4. 4.4Patents

        5. 4.5Trade Secrets/Confidential Information

      5. 5Commercialisation of IP Rights

        1. 5.1Sponsorship Agreements

          1. 5.1.1IP Provisions in Sponsorship Agreements

            1. 5.1.1.1Details of IP Rights Exploited during the Sponsorship

            2. 5.1.1.2Licensing Arrangements

            3. 5.1.1.3Ambush Marketing

        2. 5.2Endorsement Contracts

        3. 5.3Merchandising Agreements

        4. 5.4Broadcasting Rights Agreements

      6. 6Enforcement of IP Rights

        1. 6.1Monitoring Infringements

        2. 6.2Enforcement Action

          1. 6.2.1Cease and Desist Letters

          2. 6.2.2Issuing Substantive Proceedings

            1. 6.2.2.1Trademark Oppositions

            2. 6.2.2.2Trade Validity and Revocation Actions

            3. 6.2.2.3Revocation

            4. 6.2.2.4Invalidity

            5. 6.2.2.5Trademark Infringement Proceedings

            6. 6.2.2.6Domain Name Complaints

            7. 6.2.2.7Company Name Complaints

        3. 6.3Remedies

          1. 6.3.1Injunctions

          2. 6.3.2Damages or Account of Profits

          3. 6.3.3Other Remedies

    3. 4Morality Clauses in Tennis Agreements: Tennis, Social Media and the Digital World

      Miguel Crespo

      1. 1Introduction

      2. 2Players, Sponsors and Endorsement Agreements

      3. 3Reasons for Agreement Termination and Morality Clauses in Tennis

      4. 4The Application of Moral Clauses in Tennis: The Impact of Social Media and the Digital World

      5. 5Examples of Morality Clauses in Tennis Endorsement Agreements

      6. 6Conclusion

    4. 5Restraint of Trade in Professional Tennis

      Ilias Bantekas

      1. 1Introduction

      2. 2Restraint of Trade in the English Common Law

      3. 3Restraint of Trade in the Sports Context

        1. 3.1Restraints Arising from National Federations and State Regulation

        2. 3.2Restraints Arising from Players’ Contracts with Agents

      4. 4Trade Restraints in Professional Tennis

        1. 4.1Restraints in Agency Agreements

        2. 4.2Disciplinary Bans as Restraint of Trade?

        3. 4.3Qualification for National Tennis Teams and Restraint of Trade

    5. 6Professional Tennis Player Unions

      Brendan Schwab

      1. 1Introduction

      2. 2The Dual and Shifting Roles of Tennis Player Unions

        1. 2.1From Collective Action to Shared Governance

        2. 2.2What Is a Professional Tennis Players’ Union?

        3. 2.3The Trade Union Rights of Professional Tennis Players

      3. 3Initial Attempts at Tennis Player Unionization

        1. 3.1The Pivotal Role of Player Unionization and the Development of Professional Tennis 1967–75

        2. 3.2Pro Tennis’s Labor Settlement – Business in Lieu of Bargaining

      4. 4The “Seven Kingdoms”: Player Voice, Rights, Pay and Conditions in Professional Tennis Today

        1. 4.1The Voice of the Players in the Governance of Professional Tennis

          1. 4.1.1The ITF

          2. 4.1.2The ATP

          3. 4.1.3The WTA

        2. 4.2Player Rights, Pay and Conditions in Professional Tennis

      5. 5The PTPA

        1. 5.1Establishment of the PTPA in 2020 and the Reaction of the “Seven Kingdoms”

        2. 5.2The Developing Culture, Governance, Structure and Objectives of the PTPA

  7. Part 2:Regulatory

    1. 7Access to Justice in Tennis Disputes

      Ilias Bantekas

      1. 1Introduction

      2. 2ADR in Tennis

      3. 3Internal ITF Mechanisms

        1. 3.1On-Site Quasi-Adjudicatory Mechanisms

      4. 4The Internal Adjudication Panel

        1. 4.1The Panel’s Judicial Function, Jurisdiction and Powers

          1. 4.1.1The Panel’s First-Instance Jurisdiction

          2. 4.1.2The Panel’s Appellate Function

          3. 4.1.3The Panel’s Supervisory Function

      5. 5The Independent Tribunal

        1. 5.1Procedures of the Independent Tribunal

        2. 5.2The Three Types of Jurisdiction Conferred on the Independent Tribunal

          1. 5.2.1The First-Instance Jurisdiction of the Independent Tribunal

      6. 6Appeals against the Independent Tribunal’s Awards to CAS

      7. 7ATP Dispute Resolution

      8. 8WTA Dispute Resolution

      9. 9Contractual Disputes and the Role of National Courts

    2. 8The ITF, ATP and WTA and the Governance of Global Tennis

      Marko Begović

      1. 1Introduction

      2. 2The Governance Structure of Tennis

      3. 3Players’ Councils

      4. 4The Relationship between Players and the ATP/WTA

      5. 5The Relationship between National Tennis Federations and the ITF

      6. 6Contemporary Governance Setting and Challenges

        1. 6.1Commercialization, Corruption and Financial Governance Challenges

      7. 7Epilogue

    3. 9Safeguarding in Tennis: An Enforceable Duty of Care

      Ilias Bantekas

      1. 1Introduction

      2. 2Safeguarding as a Duty of Care

      3. 3The Sporting Context of Abuse

      4. 4Safeguarding in Child–Adult Relationships in Tennis

        1. 4.1The WTA’s Pioneering Safeguarding Role

        2. 4.2The ITF Safeguarding Policy for Children

        3. 4.3The ITF’s Monitoring Process

      5. 5Safeguarding for Future Harm

      6. 6The Safeguarding of Adult Athletes

      7. 7Health and Safety as a Safeguarding Duty

      8. 8Consequences for Failure to Meet Safeguarding Obligations

      9. 9The Boundaries of Safeguarding Duties

    4. 10Integrity in Tennis: Doping, Match-Fixing and Other Corruption Offenses

      Ross Brown, Jamie Singer and Lily Elliott

      1. 1Introduction

      2. 2Anti-Doping

        1. 2.1Legal Framework

          1. 2.1.1The Anti-Doping Offenses

            1. 2.1.1.1Presence

            2. 2.1.1.2Use

            3. 2.1.1.3Other ADRVs

        2. 2.2Proceedings

          1. 2.2.1Notice

          2. 2.2.2Charge Letter

          3. 2.2.3Hearing

        3. 2.3Sanctions

          1. 2.3.1Intention

          2. 2.3.2Identifying the Source

          3. 2.3.3Other Good Reason

          4. 2.3.4Fault

          5. 2.3.5No Fault or Negligence

          6. 2.3.6No Significant Fault or Negligence

        4. 2.4Appeals

      3. 3Anti-Corruption

        1. 3.1Legal Framework

          1. 3.1.1Jurisdiction

          2. 3.1.2Governing Law

          3. 3.1.3Burden/Standard of Proof

          4. 3.1.4Hearings

          5. 3.1.5Appeals

        2. 3.2Corruption Offenses

          1. 3.2.1Betting Offenses

          2. 3.2.2Fixing a Match

            1. 3.2.2.1Facilitating Others to Fix a Match

            2. 3.2.2.2Umpires Fixing a Match

          3. 3.2.3Failure to Report

          4. 3.2.4Failure to Cooperate

          5. 3.2.5Other Offenses

        3. 3.3Sanction

    5. 11Regulating On-Court Tennis Indiscipline

      Ben Livings

      1. 1Introduction

      2. 2The Code

        1. 2.1Code Violations

          1. 2.1.1Physical Violence

          2. 2.1.2Audible Obscenity, Visible Obscenity and Verbal Abuse

      3. 3Indiscipline and the Rising Popularity and Commercial Success of Tennis

        1. 3.1The Influence of Sponsors

      4. 4Adjudication and Enforcement

      5. 5The Case of Grunting

      6. 6Changes to the Rules

        1. 6.1Coaching

        2. 6.2Wimbledon

        3. 6.3Changes in Adjudication and Enforcement Practices

          1. 6.3.1Race

          2. 6.3.2Mental Health

    6. 12Compatibility of Selected ATP Rules with EU Economic Law

      Katarina Pijetlovic

      1. 1Introduction

      2. 2Good Governance Standards in Light of EU Law and Policy

      3. 3Access to the Organisational Market for Rival Tennis Tours under Competition Law

        1. 3.1Blocking Rivals from Accessing the Organisational Market

        2. 3.2Applicable EU Legal Framework

        3. 3.3Rules 1.07, 1.14 and 8.05A(2)(e) of the ATP Rulebook

        4. 3.4Legality of the Rules 1.07, 1.14 and 8.05A(2)(e) and Reinforcing Practices under EU Competition Law

          1. 3.4.1Restrictions

          2. 3.4.2Legitimate Objectives and Proportionality

      4. 4Wild Cards under the Lens of Article 56 of the TFEU on the Freedom to Provide Services

        1. 4.1Wild Cards in Tennis

        2. 4.2Legal Evaluation of Wild Cards under Article 56 of the TFEU

      5. 5Recapitulation

    7. 13The Regulation of Ethics in the ITF’s Governance

      Ilias Bantekas

      1. 1Introduction

      2. 2What Are Ethics and Are They Different from Law?

      3. 3The ITF’s Substantive Ethical Rules

        1. 3.1Covered Persons

        2. 3.2Basic Obligations

        3. 3.3Other Substantive Duties and Obligations

      4. 4The ITF Ethics Commission

        1. 4.1Investigations

        2. 4.2Decision Following the Investigator’s Report: Aggravated and Non-Aggravated Breaches

        3. 4.3The Suspensive Effect of the Notice of Charge

      5. 5Recourse to the Independent Tribunal and CAS

        1. 5.1Sanctions

      6. 6The Elections and Eligibility Panel

  8. Index

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  • Contents
  • Edited by Ilias Bantekas, Hamad bin Khalifa University, Marko Begović, Molde University College
  • Book: Professional Tennis and Transnational Law
  • Online publication: 07 August 2025
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  • Contents
  • Edited by Ilias Bantekas, Hamad bin Khalifa University, Marko Begović, Molde University College
  • Book: Professional Tennis and Transnational Law
  • Online publication: 07 August 2025
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  • Contents
  • Edited by Ilias Bantekas, Hamad bin Khalifa University, Marko Begović, Molde University College
  • Book: Professional Tennis and Transnational Law
  • Online publication: 07 August 2025
Available formats
×