How to Protect Your Intellectual Property as a College Athlete
The debate around college athletes being able to monetize their name, image, and likeness has gone on for decades.
The NCAA rules have prevented student athletes from taking advantage of their success, including earning money and sponsorships from their careers. After many years of pushback, the NCAA is now under enough pressure to make changes to rules over college athletes’ name, image, and likeness rights.
Thanks to a new policy put into place by the NCAA on July 1—and a wave of state laws that took effect to reinforce the rule—college athletes can now use their likeness to market products through sponsorships and brand deals to their followers. This gives these athletes the ability to build a powerful brand in the digital age of social media influencers, but they may need assistance with brand strategy and protection. The best way for student athletes to protect their names and brand is by filing a trademark application. Securing a legally protected trademark is imperative for NCAA athletes to protect their image and brand.
There are several pieces of an athlete’s name, image, and likeness that can be protected with a registered trademark . The main focus should be their name, followed by any logos and slogans that are connected with the athlete.
Protecting the student athlete’s name and nicknames is the top priority when it comes to trademark registration. Their name is a direct link between themselves and any products or services they are endorsing. Having a legally registered trademark prevents companies from using the athlete’s name on their products without approval from the athlete.
Any catch phrases or slogans used in relation to the athlete’s image can be trademarked as well. It must be a saying that is definitive of the athlete’s persona.
Image and likeness trademarks are often used for logos or other symbols that are associated with the athlete. These symbols create instant brand recognition between the consumer and the athlete, which is super beneficial for the athlete.
Currently, the NCAA is addressing the issue of student compensation. Several bills are before Congress that would offer student athletes a federal level of protection. Each bill has different levels of compensation for the student athletes, but all aim to provide athletes with the legal tools they need to be properly compensated for their name, image, and likeness.
Enlisting intellectual property counsel on your journey to secure a trademark ensures your best chance at a successful outcome. If you are an NCAA athlete looking to protect your name, image, and likeness, Vivid IP is here to help. Our job is to simplify and clarify the trademark registration process so you can focus on school, sports, and your brand. Contact us today to get started!
The NCAA added a new policy to allow student athletes to monetize their name, likeness, and image.