“I understand perfectly well that HBO and TV 2 advertise cycling races. But here, they are advertising a subscription,” Pedersen
told the court.
The Danish rider also explained why he believed the campaign could harm his commercial interests. “I am absolutely certain that it was intended to sell a product. Other companies pay large sums of money to do that,” Pedersen said.
Airtox and CRIVIT deals illustrate the value of his image
During questioning by HBO Nordic's lawyer, Henrik Schütze, Pedersen was asked whether the use of his photographs had caused him harm. “It has been harmful to the extent that I am trying to sell my image and personal brand to others who want to use me,” he said.
The photographs at the center of his claim included images from the 2019 UCI Road World Championships in Harrogate, where Pedersen became world champion. “I was not asked about it. I did not give permission,” he said.
As an example of the commercial value attached to his likeness, Pedersen cited his partnership with Airtox, the Danish safety-footwear brand for which he appeared in advertising campaigns. “It is no secret that Airtox has been a partner of mine, with substantial sums of money involved. Everyone has seen the somewhat tacky advertisements,” he told the court.
According to Pedersen, Airtox paid €228,000 per year for the right to use him in its advertising films. He also disclosed details of a forthcoming agreement with sportswear brand CRIVIT. The deal is reportedly worth more than €456,000 annually over five years, bringing the total value to above €2.5 million.
“This is the biggest source of income from my profession as a cyclist. It is what puts food on the table. Nothing is done for less than €17,500,” he said.
Twelve athletes seek approximately €270,000
The lawsuit involves athletes from cycling, handball, badminton and golf. Their photographs allegedly appeared in advertisements on social media, news websites, HBO Nordic's own platforms and a large banner on H.C. Andersens Boulevard in Copenhagen.
The 12 claimants are seeking €6,700 for each alleged unauthorized use of an image. Claimants include badminton players Anders Antonsen and Viktor Axelsen, golfers Nicolai and Rasmus Højgaard, former handball star Mikkel Hansen and goalkeeper Niklas Landin, handball player Mathias Gidsel, and cyclists Amalie Dideriksen,
Mikkel Bjerg, Niklas Larsen and Sebastian Fini Carstensen.
HBO Nordic maintains that the athletes consented to the use of their images through the Olympic participation arrangements and that the material served an editorial purpose. The company is seeking to be cleared of the claims.