The main aim of registration of sporting trademarks is to provide secured protection for sports. Registration of sporting trademarks can be classified into several categories. The Intellectual Property Rights provide a motivational support to the owners to create more new creations. It is important to understand that the trademarks under intellectual property rights only protect the expression of an idea but not the idea itself. The scope of protection provided under the intellectual rights in sport is quite vast from patenting sporting equipment ideas to trademarks of distinctive symbol or mark of a sporting event such as the Olympic rings and the term ‘World Cup’ in FIFA World Cup.
Sporting slogans and mottos
Trademarks are granted by distinctive colours or colour combinations, voices and scents. As long as the distinctiveness is fulfilled, the registration of trademarks of sporting slogans and mottoes is possible. For instance, Eric Cantona, the footballer, registration of slogan ‘Ooh aah Cantona’ has been successfully registered as a trademark. It is essential to utilise a distinctive content to show the slogans and mottoes together with a distinctive logo to guarantee registrability.
Catch phrases
An ever-increasing number of athletes are registering their catchphrases as trademarks, it is absolutely not another marvel. In 1989, Los Angeles Lakers lead trainer, Pat Riley, the phrase ‘THREE-PEAT’ has been trademarked which referred to his team’s third succeeding NBA title.
Event names and logos, mascots
Registration of names and related logos of sports events as trademarks are conceivable by relying on distinctiveness. Prima facie, the ‘Euro 2000’ would registrable as trademarks if it is part of distinctive logo even though it failed the necessity of distinctiveness. In 1998, registration of name ‘World Cup’ failed as lack of distinctiveness as in which no one will think of Euro 2000 on the initial expression of ‘World Cup’. However, via consistent use for a period, unregistered marks can obtain value and lawful protection under ‘passing off’ and ‘unfair competition’. When team name or logo merged in the same mark, it is simpler to get registration. On the playing surface, mascots are significant part for teams to be recognised as star athletes. San Diego Chicken is one of the famous team mascots. Mascot or sports event may be qualified and registrable as trademarks.
Sports personality names and ‘nicknames’
Based on the principle, a ‘personal name’ is probable to be registered as a trademark. In regard of keepsakes and mementos, a well-known name is less easily to be registrable on the grounds that such merchandises will be ‘about’ instead of ‘from’ the character concerned. Therefore, it can be known that the name is not a ‘trade origin’. Importance is that trademark is the certificate of origin. Early application for trademark registration in sports personality and set up authentic promoting programs before unapproved traders benefit from that character are preferable.
For example, Phil Mickelson, 2013 British open winner and David Beckham, soccer superstar are athletes who successfully registered their trademark portfolios in their own name rather than via their corporate company to uphold the athletes’ rights in trademark under intellectual property law. The decision is mostly determined by jurisdiction of athletes’ dwell and tax arranging aims. In the case of Torpedoes Sportswear Pty Ltd v Thorpedo Enterprises Pty Ltd, lan Thorpe who was an Australian swimming champion successfully registered his nickname ‘Thorpedo’ for different categories of products and services.
Sports club names
Tottenham Hotspur Football Club successfully registered ‘Tottenham’ as trademarks in UK Trademarks Office. ‘Tottenham’ means Football Club rather than a geographical area, and prompt registration of trademarks for geographical names of different clubs to be succeed which opposite to the UK Trademarks Act.
In the US case of Pro-Football Inc v Harjo, cancellation of Washington Redskins Football Team’s trademark was sought by five Native Americans as it belittled them or opposite to section 2(a) of the Lanham Act. However, the defence of lashes has been applied to this case as there was adequate economic proof of bias for the lost value of team’s investment.
Sports personality autographs
Basically, registration of distinctive autograph of famous sportspersons as a trademark is probable. The signatures may eligible as an ‘artistic works’ under copyright protection. For instance, the signature of Nick Faldo for golf clubs can be registered as trademark as it is eligible for copyright protection.
Sporting ‘techniques’/ sports moves
In 2003 Rugby World Cup Final, a winning drop kick goal scored by Jonny Wilkinson, the England rugby football team fly half, supposedly registered a trademark called ‘cradle’ action while kicking for goal. An athlete may own several trademarks for example Usain Bolt, he owns several trademarks likes his name, signature and slogan of “BOLT TO THE WORLD” as well as his pose which known as “the lightning bolt”.
Olympic Trademark Rights
The International Olympic Committee (hereinafter referred to as ‘IOC’), which coordinate the Olympic Games, contains numerous Olympic-related trademarks which normally known as the “Olympic properties.” Under a case study on the International Olympic Committee (IOC), the Olympic symbol has been protected under Nairobi Treaty on the protection of the five Olympic symbolic rings. The governance of the strict rules controls the usage of the symbol will affect other areas of branding of the games as well. Via the Olympic Charter, it possess superior trademark rights to the Olympic properties. Rule 7 (4) of Olympic Charter provided IOC has superior right to license all or part of its rights with terms and conditions established by IOC Executive Board, for instance symbol, flag, designations, and motto which defined under Rule 8 to 14 and works such as musical, audio-visual or creative or artefacts related to Olympic Games by the IOC are known as “Olympic properties”.
It is more than two hundred trademarks such as “Olympian,” “future Olympian,” “road to Rio,” and “go for the gold” according to the United States Trademark Electronic Search System. A similar domestic trademark laws are protected trademarks and applicable to other operating entity in a nation. However, IOC has acquired distinct, enhanced protections that do not expand to other organisations like Nairobi Treaty which protected the Olympic Rings at global level. Without consent of IOC, countries under international agreement cannot use the interlaced ring symbol in any commercial and signing countries can get a segment of incomes produced locally once there is consent.
Nations that host the games regularly make new, extraordinary laws to defend the Olympic properties to surpass existing law which forbid certain marketing strategies by unauthentic sponsors which gives a wider protection to end unofficial activities than fundamental trademarks law. In the US case of San Francisco Arts & Athletics v. Olympic Committee, the Supreme Court held that whether or not any unofficial business utilise of the Olympic properties would prone to create chaos, all users other than Olympic Committee and authoriser are forbidden. This degree of trademark monopoly and constraint authority enables the Olympic Committee to rapidly obtain injunctive ease and succeed in elimination of infringing utilises.
FIFA World Cup
The Federation Internationale of Football Association (hereinafter known as ‘FIFA’) in the manual public guideline provided that any “unofficial utilise of the Official Marks not just destroy the rectitude of the FIFA World Cup and marketing plan yet places the benefits of global football society in peril.” There is a list of official terms, words and marks are protected under the public guideline of FIFA such as World Cup, Brazil 2014, and more. For those organisations who used protected trademarks without permission or paying to FIFA for license rights is liable for trademarks infringement suit. For example, post any advertisement on social media using the phrase “World Cup” that is trademarked by FIFA. Trademarks will not be viewed as strong trademarks if appearing widely and illustratively in nature. Whether the trademarks will be affirmed is depended on huge scale of FIFA organization. It might be hard for FIFA to adequately control trademarks listed in public guideline without collaboration of local authorities