Trademarks in Sports

The NBA and the NFL have innately recognizable logos as do many of their teams. The Dallas Cowboys’ Star and the Boston Celtics’ Leprechaun [Figure 1] are iconic in their respective sports. Because of this level of recognizability, these logos are incredibly valuable to their organizations and need trademark protection.

To understand why trademarks are so important in sports, you first must understand what they are. For something to be considered a trademark under the law, it must satisfy the requirements under trademark law:

  • It must fit the definition of a trademark: words, logos, phrases, or other devices that are used to identify the source of goods.

  • The trademark must be distinctive.

  • The trademark must be used in interstate commerce. 

If the trademark satisfies these requirements, the owner qualifies for trademark protection under US federal law. These trademarks can hold immense value themselves. For example, the Coca-Cola trademark is valued at $58 billion (Interbrand). The ability to use a famous logo on a product gives credibility. The consumer knows it is coming from a reliable source. 

What makes trademarks important in sports specifically? Much like any industry the trademarks provide protection from infringement and are incredibly valuable financially. We spoke with Jenn Hamilton, who is currently an intellectual property attorney at Diageo, but previously served as Trademark Counsel for Major League Baseball Properties Inc., to learn about MLB’s most valuable trademarks (typically legacy teams, such as the Boston Red Sox), and to gain an understanding of what these trademark mean to their organizations.

Apart from the immense financial importance of trademarks, these logos also carry with them sentiment. For those who grew up around sports, idolizing those who played at the highest level, dreaming of being in their shoes one day, these trademarks were a source of inspiration. Watching professional and college sports gave a glimpse into what the future could look like with hard work and dedication, but they also offer connection to your peers and an almost tribalistic relationship with YOUR team and its fanbase.

We spoke to Greg Berkowitz, Director of Trademarks and Licensing at the University of Maryland, to ask him what trademarks mean to colleges, their athletic teams and their fans.

Greg said that the major logos of the University of Maryland is the most valuable. The University of Maryland trademark [Figure 3] that is primarily used on documents is important from an institutional point of view, but Greg holds a personal affinity for the classic Testudo [Figure 4], the school’s mascot.

These logos are used as a universal identifier. People all over the country see the logo and know instantly what it means. This branding allows schools to connect with their fanbases. This symbiotic relationship is key to the value of the trademarks. 


We spoke with Shameeka Quallo, Vice President and General Counsel for the Washington Spirit in the National Women’s Soccer League (NWSL), about the challenges of trademarks in professional sports in addition to the challenges of growing the game itself. Shameeka also spoke about the various trademarks the team has registered apart from the team’s primary crest [Figure 5].  

Sports have been and forever will be a massive part of the culture of the United States. Often the legal components of trademarks were lost on kids growing up, but the wonder of seeing their favorite team’s logo overhead at their first game never will be. These trademarks hold immense value - to the teams, and to the fans as well. 

References

Interbrand, Best Global Brands 2023. Retrieved May 26 from https://interbrand.com/best-brands/

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval:   Case Number 75906096. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=75906096&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 76184390. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=76184390&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

Gerben Law Firm, PLLC. (n.d.). University of Maryland Trademarks. Retrieved May 7, 2024, from https://www.gerbenlaw.com/trademarks/universities/university-of-maryland/#76184392

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 97646255. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=97646255&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 76179976. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=76179976&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 75170405. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=75170405&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 76582640. Retrieved May 7, 2024, from https://tsdr.uspto.gov/#caseNumber=76582640&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

United States Patent and Trademark Office. (n.d.). Trademark Status & Document Retrieval: Case Number 74301220. Retrieved May 7, 2024, fromhttps://tsdr.uspto.gov/#caseNumber=74301220&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch