Sports and Branding: Trademarks Become Part of the Play Book

As recent sports news coverage has demonstrated, most notably an article by ESPN on the subject of athletes and trademarks, athletes have learned the rules of branding and are ready to play the game.

With the speed that Jeremy Lin captured the public's imagination with his uncommon rags to riches story where the subject had to overcome the limitations of being a Harvard graduate, LINSANITY became a national phenomenon almost overnight.

As his popularity skyrocketed and his brand went from non-existent to one of the most viable in the NBA, savvy members of the viewing public began to file applications for the LINSANITY mark in connection with goods and services ranging from apparel to business management.

After threats of legal proceedings caused most third parties to settle and get out of the lane, Jeremy Lin has been recognized in various news reports as the exclusive owner of the LINSAINTY trademark.

Mere months later, Anthony Davis, the No. 1 pick of the 2012 NBA draft and the new face of the New Orleans Hornets, sought to preempt any such cherry picking of his trademark rights by the general public and filed for several brow raising trademarks.  Realizing the potential fodder his unique unibrow look may provide for fans and reporters alike, he filed for the following trademarks:  BROW DOWN, FEAR THE BROW, and RAISE THE BROW.

Now that athletes have realized the value of their personal brands, expect such preemptive filings and agressive legal action to become more commonplace, putting a trademark lawyer right there with a sports agent and personal manager as essential components of an athletes entourage.