Not subject to contract—Court of Appeal resolves FIFA Club World Cup licensing dispute (DAZN v Coupang)
Commercial analysis: The Court of Appeal has confirmed that DAZN, the global rights-holder for the FIFA Club World Cup, agreed to sub-license the rights in South Korea in a binding contract concluded by email and WhatsApp. Following an expedited hearing, the Court of Appeal upheld the trial judge’s decision that the parties’ informal exchanges gave rise to such a contract, notwithstanding that they had not signed any documentation (or even agreed formal heads of terms). The Court of Appeal confirmed that DAZN was required to give specific performance of the contract by making the broadcast feed available to Coupang. It further upheld an injunction prohibiting DAZN from broadcasting the competition in South Korea through any third party platforms. In doing so, it agreed with the trial judge’s assessment that DAZN’s own YouTube channel would constitute a ‘third party platform’ for the purposes of the injunction. Written by Craig Morrison KC and Firdaus Mohandas, barristers at Brick Court Chambers, who acted for Coupang in the Court of Appeal.