NIL Branding and Protection
With today’s news that NCAA student athletes are permitted to profit off of their Name, Image and Likeness (“NIL”), we have entered into a brave new world for collegiate athletes. Many athletes who will look to capitalize on these new rights are young, and perhaps inexperienced in business, but very aware of their unique position to create, develop and monetize their own personal brand through a variety of social media and Internet platforms they are already intimately familiar with. With this personal brand comes the necessity of protection, or else, the risk of loss of value.
Athletes that are developing and using their own personal brand should take care to seek protection for that brand through registration with the United States Patent and Trademark Office (USPTO). Seeking and obtaining a trademark registration for the athlete’s personal brand will only help to further strengthen his or her brand, creating greater value as a brand partner for any prospective sponsorship opportunity (or for their own goods, if they intend to sell merchandise). Seeking a USPTO trademark registration is the absolute best way to obtain the necessary protection. Athletes can seek to protect their names, including popular nicknames, any slogans or taglines that they use, and their image or likeness (including logos).
Some great examples of the foregoing, from professional athletes, include:
- “Danny Dimes” – Daniel Jones (QB, New York Giants)
- TB12 – Tom Brady (QB, Tampa Bay Buccaneers)
- RG – Rashan Gary (LB, Green Bay Packers)
- “Greek Freak” – Giannis Antetokoumpo (Milwaukee Bucks)
- “The Process” – Joel Embiid (Philadelphia 76ers)
The trademark application process is not straightforward and a failure to navigate it successfully (and efficiently) can be catastrophic. Athletes should hire an experienced trademark attorney to assist them in clearing their proposed NIL trademarks and prosecuting those marks through to registration with the USPTO (and, potentially, internationally).
If you are a collegiate athlete looking to capitalize on and monetize your newly allowed NIL rights, contact Burger Legal today. We are committed to building and protecting your brand with you.
