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Overview: The impact of one of the best football players in history changing teams extended well beyond the pitch. Lionel Messi’s high-profile move to a U.S. team in the summer of 2023 generated a branding frenzy in addition to sports excitement. His new club’s social media followings grew rapidly, jerseys sold out in a matter of minutes, and companies all over the world rushed to profit from “Messi mania.” This phenomenon – where a superstar athlete’s move or endorsement shakes up the market – perfectly illustrates the power of sports branding in today’s economy. However, it also emphasises an important lesson for companies of all sizes: enormous intellectual property (IP) challenges accompany fame. From player name trademarks to endorsement deals and counterfeit merchandise, the Messi effect is a crash course in brand protection.
Athletes as Brands: The Rise of the Sports Icon Trademark
Athletes are not just athletes anymore; they are whole brands.Top footballers, in particular, have turned their names, nicknames, and even signature moves into trademarked assets. Cristiano Ronaldo’s “CR7” logo, for example, is emblazoned on everything from apparel to hotels, while Messi’s name is trademarked for sports gear, video games, and more. Even retired legend David Beckham built a personal empire with trademarked names and logos. The reason is simple: a recognisable name holds immense commercial value – fans are eager to buy anything associated with their hero.
Opportunists often try to register a celebrity’s name or catchphrase first, hoping to cash in. Brazilian star Neymar, for instance, had to fight a legal battle in Europe against someone who registered “Neymar” as a clothing brand before he could. He won in the end, but it was a costly lesson. The takeaway for businesses: if a name, nickname, or logo is central to your brand’s identity, register and protect it early – or someone else might.
Endorsements and Name Rights: Look Before You Leap
The world of celebrity endorsements is one where trademarks and legal rights play a pivotal role. When your SME is considering partnering with a sports personality – whether it’s a local hero or an international icon – you need to navigate a minefield of IP issues to make that partnership a win-win.
First and foremost, never assume you can use an athlete’s name, image, or nickname in your marketing just because they’re famous. Unauthorised commercial use of someone’s identity can lead to lawsuits – via passing off in the UK or right-of-publicity claims in the US. For example, NFL quarterback Patrick Mahomes famously trademarked his nickname “Magic Mahomes” so that only authorised partners could use it. If a car dealership used that nickname in ads without permission, they’d likely face legal trouble, not a sales boost.
If you’re negotiating an endorsement deal, clarify trademark ownership and licensing details up front. Does the athlete have a personal logo or slogan you want on your products? Make sure it’s explicitly licensed to you. It’s wise to search trademark databases to see what the athlete (or anyone else) has already registered – their name, initials, jersey number, catchphrases, etc. Address any gaps together: if something isn’t protected yet, consider filing a trademark for it as part of your partnership. This prevents third parties from swooping in on your joint brand assets.
And always consider geography: trademarks are territorial. A deal or product name that works fine in the UK could hit a snag abroad if someone else holds the trademark in, say, the US or China. Check and secure key markets from the outset to avoid nasty surprises down the line.
The Merchandise Gold Rush – and Counterfeit Chaos
When a star athlete joins a new club or wins a major championship, merchandise sales tend to go through the roof. We saw it with Messi’s move: his new club’s jerseys bearing his name sold in record volumes, and everything from scarves to phone cases suddenly featured references to his iconic number. For legitimate businesses, this surge in demand is a huge opportunity – whether you’re an official retailer, a manufacturer of fan gear, or even just a local shop riding the wave with related products. However, where there’s money, there are often counterfeiters and IP pitfalls.
Counterfeit merchandise is a perennial problem in sports. I walked around Kolkata one afternoon in 2017 and was amazed at the sheer number of dodgy counterfeit shirts being sold for £5! The more popular the player or team, the more likely unscrupulous manufacturers will flood the market with fake jerseys, hats, posters – you name it. These knock-offs not only syphon revenue from the rightful brand owners and their licensed partners, but they can also damage a brand’s reputation (cheap quality fakes making customers unhappy, for example). If your business is on the brand-owner side – say you’ve secured a licence to sell official gear – protecting your investment means actively defending your trademarks. This could involve working with marketplaces to take down fake listings, engaging IP lawyers to send cease-and-desist notices, or even teaming up with law enforcement for larger counterfeit operations. Once counterfeit goods saturate a market, consumers may lose trust in the value of official products. That’s why proactive enforcement is so important.
Even if you’re not the brand owner but a retailer, you must be cautious. Buying a batch of “too good to be true” priced jerseys from an unknown supplier can land you in legal hot water if those goods turn out to be fake. In the UK, selling counterfeit goods can lead to both civil trademark infringement claims and criminal penalties. In the US, the Lanham Act allows brand owners to sue for damages, and authorities can seize counterfeit imports at the border if trademarks are registered with customs. In short, due diligence in your supply chain is a must. Ensure you’re sourcing products from authorised distributors, and if you suspect fakes, don’t touch them – the short-term profit isn’t worth the long-term risk to your business.
Winning the Global Branding Game
Sports fans transcend national boundaries, and a celebrity’s popularity can quickly transform small businesses into global players.The allure of a celebrity can instantly transform local companies into global players, and sports fans transcend national boundaries. If your brand’s journey is tied to the rise of an athlete or a sports trend, be prepared to think globally. This means securing trademark protection in key markets and being mindful of cultural and legal differences.
Take the example of an English Premier League team growing its following in Asia or the United States. They register trademarks in those countries to protect their name and logo, frequently prior to opening any stores or forming any alliances there. Smaller companies can learn from that strategy: if you have created a product or tagline that capitalises on a sports trend, think about expanding your intellectual property protection globally through accessible treaties or direct filings. Proactive registration deters copycats and puts you in a stronger position if you have to challenge an infringer abroad.
Global branding isn’t only about offence (expansion), but also defence. Keep an eye on how your brand (or your star endorser’s name) is being used worldwide. The sooner you spot an unauthorised use, the easier it is to stop it – before a copycat gains a foothold or even tries to register your brand in their country.
Conclusion: From Superstar Power to Business Success
Star athletes and significant sporting events can create a lot of excitement, which can be very beneficial for businesses. For businesses, the excitement created by famous athletes and significant sporting events can be a strong tailwind. A famous name can draw customers to your door or eyeballs to your online store in ways traditional advertising might never achieve. By tapping into that popularity – through endorsements, collaborations, or timely product offerings – small and medium businesses can punch well above their weight in the market.
However, as we’ve seen with the “Messi effect” and other high-profile sports phenomena, brand protection is the not-so-secret ingredient to sustaining that success. Registering trademarks, respecting image rights, vetting merchandise suppliers, and planning for international reach aren’t just legal box-ticking exercises; they’re sound business strategies. They ensure that when the spotlight hits, your company is ready to shine rather than scramble.
In the end, aligning with sports icons or events should be about amplifying your brand, not jeopardising it. With smart IP planning and vigilant execution, you can ride the wave of sports fandom confidently. So go ahead – dream big, team up with that star, launch that product – but make sure you’ve got your trademarks secured and your game plan for brand protection drawn up. That way, when the goals and trophies come, your business scores too, without any legal own goals to worry about.
michael@trademarkroom.com
