Bet365 ordered by the court to compensate to Eriksen for image rights infringement

Several Danish athletes have been awarded compensation by the Maritime and Commercial High Court of Denmark after their names and images were used without permission by bet365 in its marketing. Hillside, the owner of bet365, has been instructed to pay a total of DKK4.7m (€631,000) to the affected athletes.

During the period from February 21, 2019 to March 11, 2021, the betting operator had shared images of the sportspeople on its social media platforms and also referenced the athletes’ names, as determined by the court.

Bet365 contended that the images were classified as editorial content, but the court concluded that they were actually considered marketing materials. As per Denmark’s Marketing Act, each athlete is entitled to receive DKK50,000 per notification of compensation.

Christian Eriksen, the Danish football player who competes in the English Premier League for Manchester United, was the most prominently featured sportsperson, with his name or image appearing in bet365’s social media content 29 times during the specified period. As a result, he will be awarded compensation amounting to DKK1.5m.

Among the other athletes affected is Kasper Schmeichel, the goalkeeper for Denmark who currently plays for OGC Nice in France but was with Leicester City during the time in question. His rights were violated 10 times, and he will receive DKK500,000 in compensation. Simon Kjær, the captain of Denmark’s national football team, was featured six times and will be awarded DKK350,000.

Pernille Harder, the renowned women’s football player, has been granted DKK350,000 in compensation for seven instances of infringement, while retired goalkeeper Peter Schmeichel, who now works as a pundit, has also been awarded DKK350,000 for seven similar breaches. Additionally, Bet365 has been directed to pay DKK311,500 in legal expenses for the Danish Players’ Association, the Danish Elite Sports Athletes’ Association, and the Danish Handball Players’ Association.