Turner Padget Insights
NIL and the USPTO: Navigating Intellectual Property for Athletes
Posted On March 25, 2025
The rise of Name, Image, and Likeness (NIL) rights for athletes has opened up new revenue opportunities for college and professional athletes alike. As they capitalize on their personal brands, athletes are increasingly interacting with intellectual property law, particularly in relation to trademarks. The United States Patent and Trademark Office (USPTO) plays a key role in protecting the unique elements of an athlete's brand, such as their name, logo, or slogan, through trademarks. As athletes look to maximize their earnings and create long-term brand value, understanding the intersection between NIL and the USPTO is critical.
What is NIL?
Name, Image, and Likeness (NIL) refers to the rights that allow athletes to profit from their personal brand. This includes the ability to sign endorsement deals, promote products on social media, appear in advertisements, and even profit from personal appearances or autographs. Since the NCAA’s policy change in 2021, athletes have been able to capitalize on these opportunities while maintaining their eligibility to participate in collegiate sports.
How the USPTO Relates to NIL
The USPTO is the federal agency responsible for granting patents and registering trademarks in the U.S. Trademarks are a form of intellectual property that protect words, names, symbols, or other identifiers that distinguish the goods or services of one entity from another. For athletes, this can include trademarks on their names, logos, and slogans, which are all part of their personal brand.
For athletes seeking to capitalize on NIL, securing a trademark through the USPTO is a valuable step in protecting and commercializing their personal brand. By registering their name, nickname, or logo as a trademark, athletes gain exclusive rights to use those marks in connection with products and services they sell, and can prevent others from using their identity for commercial purposes without permission.
Examples of NIL and Trademarks in Action
Personal Brand Protection: A popular college football player might trademark their nickname, logo, or even a catchphrase they use on social media. This helps protect their identity and ensure that only they can use it for endorsements or branded products.
Merchandising: Many athletes use their name, image, or likeness on merchandise like clothing, posters, or shoes. To prevent others from producing and selling unauthorized merchandise, athletes can trademark their name or logo through the USPTO. This protects the financial interests of athletes by controlling the commercialization of their identity.
Social Media Branding: Athletes with large social media followings often have significant influence over their audiences. By trademarking their name or a specific brand identity (such as a logo or hashtag), athletes can enter into licensing agreements or partnerships with brands, while ensuring that their personal brand is protected and not exploited by others.
Some examples include:
LeBron James - "King James"
LeBron James, one of the most recognizable athletes in the world, has long used the moniker "King James" as part of his brand. The phrase, along with his logo and other identifiers, has been trademarked, allowing him to use it in marketing campaigns, product lines (like his Nike sneakers), and various endorsements. His brand is built not only on his athletic prowess but on the "King James" identity, and trademarking these terms ensures that he controls their commercial use.
Paige Bueckers – "Paige Buckets"
Paige Bueckers, a standout guard for the University of Connecticut (UConn) women’s basketball team, is another prominent NIL athlete. She filed for a trademark of the nickname “Paige Buckets,” which plays off her on-court skills. This trademark has helped her in securing multiple endorsement deals with major brands such as Gatorade and Nike. Bueckers' ability to protect and commercialize her nickname ensures that her personal brand, which resonates with fans and businesses alike, remains exclusive to her.
Challenges in NIL and Trademark Law
While NIL provides tremendous opportunities for athletes, there are challenges related to intellectual property. One of the key issues is the potential for confusion or dilution of an athlete’s brand if multiple athletes or unauthorized entities use similar marks. Additionally, athletes must be careful about using their trademarks in ways that don’t conflict with existing trademarks, such as logos or catchphrases already registered by other entities.
Another challenge lies in how athletes might navigate the complex relationship between college athletics and commercial enterprises. Some schools or universities might have their own trademarks or branding, which can complicate an athlete’s ability to freely use their own name or image in marketing materials without running afoul of institutional rules.
Conclusion
As NIL rights continue to transform college and professional athletics, athletes must consider their intellectual property strategy, including working with the USPTO to protect their name, image, and likeness. Trademark registration through the USPTO ensures that athletes can protect their brand, control how it is used, and generate revenue from licensing or merchandising deals. However, this also requires athletes to navigate the complexities of trademark law to avoid conflicts and ensure that their personal brand remains protected as they explore new commercial opportunities. Understanding the intersection of NIL and intellectual property is essential for athletes looking to maximize their earning potential in today’s evolving sports landscape.
