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Football is no stranger to iconic celebrations. From Ronaldo’s “Sii” to Mbappé’s crossed arms, these moments often transcend the pitch, becoming trademarks of players’ identities. But what happens when a celebration isn’t just a personal statement but a legal battleground? Enter the case of Cole Palmer and Morgan Rogers, two footballers with history, a shared celebration, and a potential trademark controversy.
The Backstory
Cole Palmer, a rising star in English football, has trademarked his now-famous “Cold Palmer” celebration, as reported in a previous blog
Cole Palmer Files Trademark for “Cold Palmer”: Exploring the Classes and Implications
The gesture, a display of crossed arms with a calm demeanour, has become synonymous with his on-field persona. However, Morgan Rogers, a fellow footballer who grew up alongside Palmer at Manchester City’s academy, claims that the celebration originated with him. Rogers argues that he created the gesture during their youth days, only for Palmer to adopt it and, crucially, trademark it.
This situation raises fascinating legal and ethical questions. Can a footballer trademark a celebration that might have been inspired by another player? And does this trademark give Palmer the exclusive right to use the gesture, potentially making Rogers an infringer if he performs it on the pitch?
The Legal Landscape
At the heart of this controversy lie two key areas of intellectual property law: trademark infringement and passing off.
Trademark Infringement
Palmer’s trademark seeks to protect the “Cold Palmer” branding, which may include the gesture, particularly in commercial contexts. If Morgan Rogers were to use the celebration in a way that implies association with Palmer’s brand (e.g., in promotional materials, endorsements, or branded merchandise), this could constitute trademark infringement.
However, simply performing the gesture during a football match might not fall within the scope of trademark infringement. Trademarks generally protect commercial use, not personal expression on the field. For Palmer to claim infringement, he would need to demonstrate that Rogers’ use of the celebration creates confusion or dilutes the distinctiveness of the “Cold Palmer” brand.
Passing Off
On the flip side, Rogers might argue that Palmer’s trademark exploits a gesture he originated, amounting to passing off. Passing off protects unregistered rights when one party misrepresents their goods or services as being connected to another. Rogers could claim that Palmer’s branding of the celebration misrepresents its origins, leading to unfair commercial gain.
For Rogers to succeed in a passing-off claim, he would need to prove:
- Goodwill: That the gesture is closely associated with him.
- Misrepresentation: That Palmer’s use of the gesture misleads the public into believing it originated with Palmer.
- Damage: That this misrepresentation causes harm to Rogers’ reputation or commercial interests.
On-Pitch Implications
The legal complexities become murkier when considering the on-pitch use of the celebration. Football matches are public performances, but they are not typically commercial uses in the trademark sense. Unless Rogers starts monetising the celebration—through sponsorships, endorsements, or branded content—it’s unlikely that performing the gesture alone would amount to infringement.
Ethical Considerations
Beyond the legal arguments, there’s an ethical dimension. Football culture thrives on shared experiences, with celebrations often spreading organically among players and fans. Trademarking a celebration could set a precedent, potentially stifling this organic evolution. Should players seek exclusive rights over gestures that might have been inspired by or shared with teammates?
The Verdict?
While Palmer’s trademark may hold weight in commercial contexts, Rogers performing the celebration on the pitch is unlikely to breach trademark law. However, if Palmer’s brand grows and Rogers’ use of the gesture causes confusion, legal disputes could intensify. On the other hand, Rogers’ passing-off claim would hinge on proving that the gesture’s origins lie solely with him—a challenging task without clear evidence.
A Cautionary Tale
The Palmer-Rogers case serves as a reminder of the growing intersection between sports and intellectual property. As players increasingly monetise their personal brands, defining the boundaries of ownership becomes crucial. For now, the “Cold Palmer” celebration’s future may depend as much on public perception as on legal rulings.
What do you think? Should footballers trademark celebrations, or does it take away from the shared joy of the game? One thing’s for sure—the Cold War of Celebrations is far from over.
This article was written by Michael Coyle Solicitor Advocate, founder of Trademarkroom and Lawdit Solicitors. It is firmly written in cheek and Michael wishes both lads played for Man U.
