Hapoel Tel Aviv Club and Association Clash Over Rights
Translated & summarized from Sport5 by baba
The Hapoel Tel Aviv basketball club and the Hapoel Osishkin association are in a legal dispute over the use of the team's name and symbol. The association claims ownership of various assets, including the youth department and the Hapoel Uri development team, arguing that the management company's rights are limited to the senior team. The dispute centers on the interpretation of an agreement signed in 2023 regarding intellectual property and transferred activities.
The story in 5 lines · by baba
- Hapoel Osishkin association claims rights to the Hapoel Tel Aviv name and symbol are not solely with the management company.
- The association cites a 2023 agreement, stating its intellectual property rights were not diminished.
- The association asserts ownership of the youth department and development team, not just the senior club.
- The management company, led by Ofer Yanai, reportedly holds rights to only 81% of the senior team.
- The dispute involves the interpretation of clauses regarding 'intellectual property' and 'transferred activity'.
The dispute between the Hapoel Tel Aviv basketball club and the Hapoel Osishkin association continues. The club had previously sent a notice to the association demanding it cease using the name and symbol 'Hapoel Tel Aviv' for its adult team, Hapoel Uri Tel Aviv, which plays in the National League.
Now, the association has presented its side, basing its response on an agreement signed in 2023 between the association and the management company Adom Management Sal. The association stated that the name, colors, and symbol are theirs, citing a clause in the agreement that states it does not detract from the association's rights, particularly regarding intellectual property and the use of the name 'Hapoel Tel Aviv' or 'Hapoel Osishkin Tel Aviv' for any activity not transferred to the company.
The association argues that Adom Management Sal's rights extend only to 81% of the senior team, identified by association number 2556. According to the association, all other teams, assets, social activities, and the youth department remain under the association's ownership. They also highlighted that their development team, Hapoel Uri, has been providing opportunities for young players for 15 seasons and was active even when the agreement was signed.
The association further elaborated on two key points from the agreement: 'intellectual property,' which they claim includes all rights to the name 'Hapoel Osishkin Tel Aviv' in connection with the website, patents, know-how, products, designs, trademarks, customer records, business information, and copyrights related to the transferred activity. The second point is 'transferred activity,' which they interpret as encompassing all assets and rights related to the senior team of Hapoel Osishkin Tel Aviv basketball club, including the name and symbol of the men's basketball team 'Hapoel Osishkin Tel Aviv' and its associated goodwill.
Therefore, the association's main contention is that the rights held by Hapoel Tel Aviv and the management company led by Ofer Yanai apply solely to the team competing in the top league and the EuroLeague. All other assets and rights, including the youth department and the Hapoel Uri team, remain with the association, they assert.
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