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Overview: In addition to serving as a venue for athletic competition, the sports industry also serves as a battlefield for trademarks and brands. Football clubs, players, and businesses have been fighting off the pitch in a number of high-profile trademark disputes that have made headlines in recent years. Even teams on different continents may get into naming disputes as a result of the globalisation of sports brands (for instance, an Italian club and a U.S. club fighting over the word “Inter”). These cases may sound like sensational sports news, but they carry important lessons for any business, big or small. From an English football club clashing with a fashion retailer over a sponsor’s name, to a club’s failed attempt to trademark a common term, to a rising star’s brand expansion running into an old French winery – each story highlights how tricky (and crucial) brand protection can be. Sports trademark battles aren’t rare – major tournaments, transfers, and even kit designs often spark legal wrangles – but behind the headlines are principles that apply to all brands. Let’s dive into a few recent trademark battles from the sports world and see what takeaways they offer for savvy business owners.
Sponsor vs. Sponsor: The Superdry Clash
Manchester City (Who?) probably didn’t anticipate a legal battle when they unveiled a new training uniform for the 2023–24 campaign that featured their sponsor’s logo, a Japanese beer called Asahi Super Dry. But that’s exactly what brewed. British fashion retailer Superdry, known for its popular clothing brand (and a registered trademark for apparel), took issue with the prominent display of “SUPER DRY” on clothing, even though it referred to the beer. To the casual observer, “Super Dry” splashed on a jersey looked an awful lot like the Superdry clothing brand. Fearing that consumers might think Superdry the retailer was somehow involved or that its trademark was being diluted, the company launched a legal challenge against the football club for trademark infringement.
The dispute highlighted a quirk of sponsorship deals: sometimes a perfectly legitimate sponsor in one industry can create trademark headaches in another. Manchester City and Superdry (the retailer) ended up settling the case out of court, but not before drawing attention to the importance of thorough trademark vetting. The lesson for businesses: when collaborating or signing sponsorships, consider all the names and logos being put forward. Ensure that none inadvertently infringe on someone else’s trademark – even in unrelated industries. What seems like harmless branding (a beer name on a shirt) can cross into another brand’s territory. SMEs entering partnerships or promotional deals should always do their homework: check trademark databases, consult IP experts, and get assurances in contracts about intellectual property usage. It can save you from a sticky situation (or a frothy legal brew) down the line.
Can You Trademark a City? Liverpool FC’s Naming Misfire
In 2019, Liverpool Football Club – one of England’s most famous teams – made an ambitious move: it tried to trademark the name “Liverpool”. The club’s aim was to gain greater control over its brand and crack down on counterfeit merchandise. However, this bid quickly met resistance from multiple fronts. Local businesses and fans were outraged, arguing that no single entity should own the name of a city that represents a whole community. The UK Intellectual Property Office agreed; it rejected the application on the basis that “Liverpool” is a geographic name with broad significance beyond the football club. Granting exclusive rights could unfairly impact others who use the word in good faith (think of all the local shops, charities, and sports teams that include “Liverpool” in their name).
This very public misstep turned into a public relations lesson as well. Fans applauded the rejection as a victory for common sense, and the club had to accept that not everything in football can be ring-fenced as intellectual property. The takeaway: trademarks are powerful, but they have limits. Generally, you can’t monopolise a common or geographic term without strong justification (and a football context wasn’t enough here). Businesses should choose brand names wisely – the more distinctive and unique they are, the easier they are to protect. If you build your brand on something generic or culturally significant, be prepared for challenges both legally and from public opinion. Moreover, enforcing trademark rights should always be balanced with maintaining goodwill. Aggressive moves to own language or culture can backfire. For SMEs, the Liverpool saga is a reminder to strike a balance between zealous brand protection and respect for the broader community that your brand lives in.
Palmer vs. Palmer: When Two Worlds Collide
You’d think a young Premier League footballer and a centuries-old French winery would have nothing in common. Yet in 2024, a trademark dispute brought Cole Palmer (a rising star midfielder, recently of Chelsea FC) head-to-head with Château Palmer (a prestigious Bordeaux wine estate founded in the 1800s). The issue? Palmer (the footballer) applied to register his name and nickname as trademarks on a range of products – including a line of clothing and, notably, alcoholic beverages. He was looking to capitalise on his growing fame with branded merchandise and perhaps even a signature drink. But Château Palmer, which holds long-standing trademark rights for wines and spirits (and whose brand is literally “Palmer”), wasn’t about to let a newcomer muddy their waters. The winery formally opposed the trademark application, arguing that use of “Palmer” on alcoholic drinks by someone else could confuse consumers and dilute the cachet of their name.
This case is still unfolding, but it already underscores a vital point about trademarks: entering a new market with your brand can put you on a collision course with established players you never even knew about. A surname like “Palmer” might feel personal to Cole, but in the context of wines, it’s an identity that was built over generations. For businesses, the lesson is twofold: (1) Always conduct a thorough trademark search (and risk assessment) when you expand your brand into new categories or countries. You may find that a name you’ve been using without issue in one arena is off-limits in another because someone beat you to it. (2) Having a well-known name in one field doesn’t guarantee you free rein in another. Trademark law often hinges on specific classes of goods and services, and while it’s possible for similar names to coexist in different arenas, the waters get choppy when those arenas overlap or when one brand is especially famous. If you do anticipate overlap – for instance, a sports personality venturing into fashion or beverages – it’s wise to approach the existing trademark owner for a potential coexistence agreement or simply choose different branding for that product line to avoid a fight.
Key Takeaways for Brand Protection
Each of these trademark tussles might involve celebrity clubs or global brands, but the core principles apply equally to small and medium enterprises:
- Do Your Research: Before launching a new brand name, logo, product line, or partnership, perform trademark searches in relevant industries and regions. Identify potential conflicts before they become legal problems.
- Be Distinctive: Whenever possible, pick brand names and marks that stand out. The more unique your name, the easier it is to protect (and the less likely you’ll step on someone else’s toes). Avoid generic or geographical names if you want strong exclusive rights.
- Mind the Boundaries: Remember that trademarks are typically limited to specific classes of goods/services and territories. Expanding your business to a new product category or country? Protect your brand there, and also check if anyone has prior rights that you need to work around.
- Contract Smartly: If you’re engaging in sponsorships or endorsements, clarify trademark issues in contracts. Ensure you have rights to use each other’s branding as intended, and confirm that those uses won’t infringe a third party’s marks. It’s much easier to negotiate IP clauses upfront than to untangle a dispute later.
- Balance Protection with PR: Enforcing your trademarks is important, but so is public perception. When you take a strong stance (like trying to own a common word), consider how it looks to customers or fans. Aim to protect your turf without alienating the people you aim to serve.
Conclusion: In the high-stakes world of sports, brand fortunes rise and fall on savvy intellectual property moves – and the same is true for businesses everywhere. By learning from these headline-grabbing cases, SME owners and directors can avoid common pitfalls. The playing field of commerce rewards those who protect their brand diligently but also those who play fair and smart. Thinking ahead and getting proper advice on IP can save you from costly battles down the road. When in doubt, consult with trademark professionals to ensure your next big play is legally sound. With the right strategy, you can build a brand that’s both loved and legally secure, ensuring that your business stays out of the courts and in the winner’s circle.
michael@trademarkroom.com – PS that picture is me at Wembley smashing City 2-1
