The importance of trade marks in football – controlling brand value & avoiding own goals

"Some people believe football is a matter of life and death. I am disappointed by this attitude. I can assure you it’s much much more important than that." (Bill Shankly, former Liverpool manager).

While football is only a game, the reality today is that it is also far more than that. Improving technologies and global appeal have created a wealth of opportunities. The commercial explosion that has transformed the face of elite sport has meant that what happens off the field of play is now almost as important as what happens on it when it comes to measuring a club’s performance. For broadcasters, advertisers, sponsors, and shareholders (among others), the game is a lucrative commercial opportunity to exploit. Competition at all levels has never been fiercer.

For the participants in the market (principally players, clubs, leagues and governing bodies – collectively ‘the participants’), it is equally true that brand protection has never been as important as it is now. For the industry to thrive, the participants must ensure that the game’s value can be controlled and exploited, and a key element of this is the effective protection of intellectual property rights (IPRs) that inform, enhance and identify the brands that they represent on and off the field of play.

Manchester United are a prime example. 2015 saw them reclaim the title of most valuable football brand on the planet at $1.2bn,2 largely due to a 10 year kit sponsorship deal with Adidas worth £75 million a year. United were the first English team to register a trade mark back in 1970 (although interestingly they were pipped by both Rangers and Celtic north of the border). So, while they have struggled and faced criticism for their performances on the pitch (including from their own sponsors3), their continued commercial success illustrates the importance of brand value and brand protection.

Accordingly, this article examines recent cases, developments and disputes that illustrate the importance of trade marks within football and the vital role that the law plays in facilitating the commercial growth and success of the game. It also considers the pitfalls facing participants who take their eye off the ball when it comes to protecting the brands (names, badges, slogans, likeness) that they seek to commercialise.

See more at https://www.lawinsport.com/articles/item/the-importance-of-trade-marks-in-football-controlling-brand-value-avoiding-own-goals