Open Access Research Article
TRADE MARKING SPORTSPERSON CELEBRATION: THE APPLICATION OF TRADEMARK LAWS IN THE ARENA OF SPORTS
Published Paper
Article Details
AUTHORED BY-
VASANTH S
Reg. No.
BC0190050
TAMIL NADU
NATIONAL LAW UNIVERSITY
(A State
University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu
– 620 027
INTRODUCTION
Abstract:
Sports celebrations indicate
successful moments. Sportsmen's trademark victory dances and joyful motions,
which subsequently take over our televisions and newspapers, define them. In
today's consumer-focused society, these actions frequently help a sportsperson
establish his brand among the general public, which is crucial for a player to
make his mark among the public. The question of whether athletes' signature
gestures are protected by trademark law has been discussed, nevertheless. This
essay investigates the point to which trademark rules, both locally and
internationally, permit the trademarking of a sportsperson's hallmark move.
After briefly discussing the many categories of unconventional marks under
trademark law, the study analyzes the significance of trademarks in sports.
Building on this foundation, the study explores the necessity and potential of
trademark registration for a sportsperson's celebration action.
The difficulties in registering a
trademark for a sportsperson's celebration move are examined in relation to the
three standards of pictorial representation, distinctiveness, and statement of
source or origin. Finally, the paper makes the case—based on an examination of
the several non-traditional marks that are protected by trademark law—that a
sportsperson's signature or celebratory gesture could potentially qualify as a
trademark.
Introduction
to the title:
A
fundamental component of human civilization has always been sports. The first
records of modern sports date back to 2000 BCE, which is when they were first
documented. The initial Olympic Games were held in Greece in 776 BC, which
aided in the globalization of competitive sports. Sports have become more and
more important over the ages. For example, the Greeks placed such a high value
on the Olympic games that the Greek capital of Athens struggled to muster an
army during the Persian invasion because so many of its citizens were
preoccupied with competing in the games. Sports have evolved significantly from
their historical forms in the modern era, and in the last century alone,
numerous different sports have been created. A growing amount of attention has
been paid to sports, some more than others, due to the ease with which
information can now be shared through newspapers, radio, television, and the
internet.
Competitive
sports are now a platform for marketing, merchandising, franchising, and brand
promotion due to the corporatization of contemporary sports. The athletes or
participants in various sports have experienced the same thing. Athletes that
win championships gain immense popularity among the general public and
establish themselves as well-known sports figures, with a sizable fan base that
supports them in both their personal and professional life. They have a similar
amount of public impact as a well-known celebrity. Among the most well-liked
athletes of today are still Maradona, the late Michael Jordan, Sachin
Tendulkar, Usain Bolt, Muhammad Ali, and so forth. Plenty to the point that
people start to link their name with being the best within the discipline that
they play. But the most significant difference between modern sports and those
of a few centuries ago is the completely different role that money now plays in
sports. In today's sports, branding, franchising, and merchandise play major
roles.
Businesses
will shell out enormous amounts of money to be linked to a specific sporting
event or athlete. For instance, the Board of Cricket Council of India (BCCI)
and the Chinese mobile manufacturer Vivo reached an agreement whereby Vivo
would pay a staggering 2,199 crore rupees over the course of five years to have
its brand name linked to the Indian Premier League (IPL), a well-known cricket
competition. Companies nowadays aim to boost the value of their brands by using
sporting events and having athletes promote them. The former FIFA president may
have captured the essence of contemporary sports in general when he said,
"Football is not just a game but it's also a product."
Research Questions:
What
are the legal criteria and requirements for trademarking sportsperson
celebrations?
Whether/How
do they differ from traditional trademarks in other domains?
How
do trademark laws apply to gestures and actions performed by athletes within
the context of sports, and what are the key challenges and ambiguities in their
application?Research
Objectives:
To
know about the legal criteria and requirements for trademarking sportsperson
celebrations.
To
identify and find out on the differences of these trademarks from traditional
trademarks in other domains.
To
learn the application of trademark laws to gestures and actions performed by
athletes within the arena of sports.
To
understand the key challenges and ambiguities upon their application.Research
Methodology:
A
thorough analysis of the body of research, including scholarly works, legal
texts, case studies, and industry reports, will be conducted with an implied
theoretical methodology in order to establish a theoretical framework and
pinpoint important ideas, theories, and patterns pertaining to intellectual
property rights, sports culture, and trademark laws.
BRAND VALUE:
The
entire amount that a consumer would be willing to pay more for one brand than
another is known as "brand value." Sport stars like Michael Jordan,
Sachin Tendulkar, Sania Mirza, and many more have been able to engage with the
public on a far bigger scale—even with individuals who do not follow their
sports—thanks in part to their brand value.
In addition to being well-known and successful in their sport, brand
value is developed through product launches bearing the athlete's name,
showcasing them, or incorporating their most well-known catchphrases. Nowadays,
athletes are brands unto themselves. The
ability to receive endorsements from other businesses is the main advantage of
building a brand. Sportspeople can also make money through endorsements. In
actuality, endorsements account for the majority of the income for well-known
athletes like Tiger Woods and (84%) Roger Federer (97%). Therefore,
sponsorships aid in a sportsperson's financial gain as well as their personal
brand-building. When someone develops a
brand around themselves, they frequently look for opportunities to profit from
strategies that will guarantee increased sales or serve as a source of extra
income. In addition to endorsements, trademarking well-known slogans,
signatures, names, or even just the first letters of their names is another way
that athletes and celebrities alike do this. Another method for athletes to
profit from their individual brand value is to trademark their dance
techniques.
Every
player has an own style of celebrating a win. This celebration includes dances,
gestures, yelling slogans, etc. In actuality, a player's celebration style
frequently reveals so much about their character. This increases public
awareness of the athletes and fosters greater public interaction with them,
which enhances the value of their brand. However, in order to register one's
moves and acts as a trademark, one must have an in-depth knowledge of exactly
what marks are and the many kinds of trademarks that are legally permissible
for registration.
TYPES OF TRADEMARKS
Since ancient times, trademarks were adopted to
identify and demonstrate the ownership of a good. For instance, Roman
bricklayers would stamp their own mark on their bricks to distinguish them.
Sword makers in medieval Europe were required to affix their own identifying
marks on their products in order to track down and penalize the maker of a
faulty sword. Trademark protection in medieval Europe was limited to common law
protection in the absence of any specific legislation. The requirement that
trademarks be registered in order to be protected from infringement is the
foundation of modern trademark law, having originated in Britain. The British
Trademark Act of 1975 was this.
However, trademarks are sometimes
misinterpreted to mean merely a phrase or a logo.
This is a somewhat limited interpretation of the term, for trademark may encompass any word, symbol, phrase, or insignia that designates and sets one thing apart from another. Trademarks are beneficial because they safeguard a mark's uniqueness when connected to an item or service. They also function as consumer-facing badges of origin for the specific commodity or service. A "trademark" in India is defined by Section 2 (zb) of the Trademark Act, 1999 as a mark that can be visually displayed and that can be used to differentiate the products or services that of one party from those of another. Moreover, the definition of a trademark might encompass headers, signatures, labels, and names.
This is a somewhat limited interpretation of the term, for trademark may encompass any word, symbol, phrase, or insignia that designates and sets one thing apart from another. Trademarks are beneficial because they safeguard a mark's uniqueness when connected to an item or service. They also function as consumer-facing badges of origin for the specific commodity or service. A "trademark" in India is defined by Section 2 (zb) of the Trademark Act, 1999 as a mark that can be visually displayed and that can be used to differentiate the products or services that of one party from those of another. Moreover, the definition of a trademark might encompass headers, signatures, labels, and names.
Therefore, trademark is a symbol that helps us
to identify a specific good or service with another. A trademark, however, can
also be as unusual as a color, scent, tone, shape, or even a video, in addition
to the words, emblems, symbols, etc. mentioned above. These marks are referred
to as non-traditional marks, and while they can be difficult to register, they
will be accepted if they meet the trademark requirements of having a pictorial
representation and differentiating the product from other similar products.
There are roughly nine different non-traditional mark kinds that have been
successfully registered on a global scale.
TRADEMARK IN THE ARENA OF SPORTS:
Nowadays,
athletes are their own brands. Just like any other prosperous brand, they too
require safeguarding their brand identity. Many people try to profit from the
notoriety and appeal of well-known athletes. They accomplish this by releasing
merchandise with the player's image, name, autographs, jersey number, or other
identifiers. This gives rise to the misconception that the specific athlete is
connected to or has supported the product.
As a result, athletes are ready to trademark anything that they can
market as distinctive about themselves and that will bring in money. Names,
their initials, a player's jersey number, well-known catchphrases, or even a
player's iconic stance are all trademarked in order to profit from the mark's
commercial use on apparel, shoes, and other accessories like toys, posters,
video games, and so forth.
In
addition, players in sports like tennis, cricket, football, and so on are
linked to different teams. These groups are identifiable by their unique
taglines, logos, and other marks. These teams are now worth more because of the
enormous business potential in sports. Dallas Cowboys are the greatest valuable
sports club according to Forbes' 2019 estimations, with a franchise value of
more than $5 billion. As a result, even teams try to copyright their names,
logos, and other distinctive identifiers.
Therefore,
it's become crucial for athletes to trademark a unique feature of their
identities. Famous football player Lionel Messi has successfully registered his
surname for jewelry, apparel, and sporting goods, and he currently has
over 76 registered trademarks in his name. The trademarks for Cristiano
Ronaldo's name, initials, and player number are CRISTIANO RONALDO, CR7, and
CR9. So are the initials "HK" of English football player Harry Kane.[1] In
the sport of football, David Beckham's signature is arguably among the most
well-known. In addition to trademarking his name on a number of goods, Beckham
also possesses a trademark for the emblem that appears on Adidas Predator
Boots.[2]
Sportsmen
own a variety of website addresses and internet domain names that are
registered as trademarks. A sportsperson's reputation, brand, or company may
suffer if their domain name is used in a way that suggests or implies a
fraudulent affiliation with them. A sportsperson's names and brand persona
should also be protected as a website's trademark because, in the event that it
is not, cybersquatters may profit monetarily from the confusion caused by
registering a very identical or similar domain name.
In an
administrative panel ruling, the WIPO determined that the respondent's
registering of the domain name violated the rights of the
petitioner, a well-known Indian cricket player, M. S. Dhoni, because it bore an
uncanny resemblance to Dhoni's registered trademark for his own name.
Famous
batsman Sachin Tendulkar has registered both his name and signature as
trademarks in India. His signature appears on a variety of apparel, sporting
goods, and stationary products (pens, pencils, books, etc.).[3] The
names, logos, and slogans of sports teams like the Mumbai Indians and Chennai
Super Kings are trademarked.
TRADEMARKING OF CELEBRATORY AND SIGNATURE MOVES BY SPORTSPERSONS:
From
silly dances to basic hand gestures to win over their followers, sportsmen and
well-known players have created genuinely original and occasionally popularized
borrowed routines on the field throughout the contemporary history of sports.
Nonetheless, the majority of these maneuvers lack trademarks. This is due to
the requirement that an action or gesture be so distinctive and one-of-a-kind
that it can only be reasonably linked to one specific person and not to other
people or businesses in order to be eligible for trademark protection. Famous athlete Usain Bolt's signature
celebratory position, known as the "lightning bolt," which entails
Bolt posing with his legs extended and his arms and fingers pointing diagonally
towards the sky, is an example of such a distinctive style. The well-known
"Mobot," a victory move used by British long-distance runner Mo
Farah, has already been trademarked in the UK IPO.
There
are numerous instances in football where athletes have trademarked their
celebrating motions as a "device" or a visual mark. The "Eleven
of Hearts" celebratory move, in which the well-known Welsh football player
Gareth Bale curves his hands into the shape of a heart with the number
"11" in between, is his personal trademark. The mark may now be found
on jewelry, headgear, purses, shoes, and umbrellas. England striker Jesse
Lingard has registered his trademark for his well-known "JLingz"
celebration motion, in which he touches his forehead using his fingers to form
the letters "J" and "L" from his name.[4] The
trademark is authorized for usage on accessories, footwear, and apparel.
The
"Vicht" is a well-known trademark issue regarding a sportsperson's
maneuver. The tennis player Niclas Kroon was the one who copyrighted the
"Vicht" symbol, that involved folding the hand like a duck beak.[5]
Nevertheless, Kroon neglected to file an extension of trademark registration,
and his trademark lapsed. Another tennis star, Lleyton Hewitt, took advantage
of this fortunate circumstance and registered the identical trademark in his
very own name.
Unfortunately,
the writers did not find any examples of movements or actions that Indian
athletes had trademarked at the time they were writing this article. While many
Indian athletes have signature moves—like the well-known "helicopter
shot" from M. S. Dhoni or the cricketer Sachin straight drive—none of
these are solely the product of Indian players; other athletes have executed
them repeatedly, frequently even before them.[6] As
we'll see below, one of the prerequisites for obtaining registration for an
unusual mark is distinctiveness.
TRADEMARKING CELEBRATION OF SPORTS PERSON AND ITS POSSIBILITIES:
Although
several sports personalities have copyrighted their celebratory moves, it is
difficult and complex to navigate the legal system when it comes to
trademarking these athletes' hallmark or celebratory moves.[7] For a
sportsperson to trademark a celebration move, there are three key conditions.
If these conditions are not satisfied, they may become obstacles.
GR
(GRAPHICAL REPRESENTATION)
The
need for pictorial representation is the first prerequisite. This can be
accomplished by using a pictorial medium, such as a picture or drawing, or by
providing an exact and detailed description of the maneuver. When registering a
celebration action as a trademark, other factors may need to be taken into account,
including the graphical representation's intelligibility, precision, clarity,
durability, accessibility, and objectivity. Graphical depiction, however,
presents more of a logistical than a legal challenge when documenting athletes'
celebration motions.
The
question of trademarking a brand's dry cleaning pad color came up in the United
States case of Qualitex Inc. v. Jacobson.[8] The
matter was taken to the US Supreme Court, which dismissed the petition for the
color's trademark but held that a color may, under some circumstances, satisfy
the legal criteria for a trademark. It is noteworthy, nonetheless, that the
Court clarified that a mark's source distinguishing ability—rather than its
name, sign, shape, color, or fragrance—is what permits it to get as an
officially recognized trademark.[9] Any
"device" or "symbol" that falls within the Lanham Act's
(The Trademarks Law of the US) statutory definition of a "mark" The
court took note of this and stated that practically anything that is capable of
having significance can be used by humans as a "device" or
"symbol," and that the statutory language is not restricted.
In
2003, the European Court of Justice (ECJ) rendered a significant ruling in the
case of Ralf Sieckmann vs Deutsches Patent- und Markenamt[10], addressing
the matter of the applicant's scent mark trademarking. The court established a
number of rules that would permit non-traditional marks (including fragrance
and sound marks) to be registered as trademarks even though it denied
registration for the same. In this instance, the ECJ decided that a trademark
does not have to be visually appealing. The capacity to graphically describe
the contested mark is the only prerequisite for an effective registration
(emphasis provided).
A mark
is much clearer and more accurate when it is visually depicted, and it is also
easier to defend under the relevant trademark laws. Article 15 (the TRIPS
Agreement), 1994, on the other hand, somewhat stray from this condition and
emphasize "visual perceptibility" in its place. However, if one
wishes to trademark their celebration move, they would still must agree to the
the need of representing the act/move graphically, given that the
majority of TRIPS nations only set guidelines for every signatory country to follow
and the fact that the majority of countries concentrate on the the need of
graphical representation instead of the wider term, "visual
perceptibility." Graphical depictions of celebration motions are
frequently found as image marks on a variety of products, including toys,
apparel, accessories, footwear, and headgear.[11] Usain
Bolt, for instance, has authorized the usage of his celebratory mark on
garments and sporting goods.
It
might be difficult for unconventional marks, that are intangible by nature,
including smell and sound marks, to graphically portray themselves in order to
be registered as trademarks. It has been made clear that registration does not
result from simply noting the chemical composition of the odor. Furthermore, a
sound sample or an odor sample cannot be referred to as a graphical depiction.
Such unusual marks can only be registered by including a description that is so
specific that it cannot be mistaken for any other sound or scent when the
applicant is attempting to register a trademark. Just describing this unusual
mark can lead to misunderstandings. Similarly, in order to trademark a
sportsman's move, in addition to a graphical depiction, a clear explanation of
the mark must be provided such that, upon careful examination, the move cannot be
mistaken for one that is identical to or similar to one that is carried out by
another person.
In
India, registering a trademark is considered impossible without pictorial
representation. Rule 25(12)(b in this case) from the Trademark Regulations,
2002 states that a trademark that is intended to be registered in connection
with products or services has to be able to be graphically represented.[12] Rule
28 also states that the trademark must be able to be shown on paper. Rule 30
further specifies that the mark's graphical representation must be reliable and
long-lasting. The application for the registration concerning a trademark must
comply by the Trademark Rules of 2002, as per 18th section from the
Trademarks Act of 1999.
CHARACTER OF DISTINCTIVENESS
The
ability of a celebratory motion to demonstrate its originality and distinctive
nature in the class of products or services it seeks to monopolize on is
the second prerequisite, or barrier, to its registration as a trademark. The
action need to set one product or service apart from another. Only if it can be
demonstrated that this celebration move is so distinctive enough to be
considered traceable exclusively to particular sportsperson and not to any
other person or brand will trademark registration be granted.[13] It
must be demonstrated that the aforementioned action would not lead to consumer
confusion with other goods or services that fall under the identical trademark
classification that it is intended to cover. Thus, the second prerequisite for
trademarking a sportsperson's celebratory action is distinctiveness that may be
used as source finder and also the inability to mislead or confuse the
audience.
For
instance, Gene Simmons, the main vocalist of the rock group Kiss, tried to
register the well-known hand signal known as "Devil's Horns" as a
trademark in June 2017. But the singer withdrew the application in response to
harsh public criticism and an opposing application from another individual. The
primary reason for this is that rock artists have been using this gesture for a
very long time; it was not created by the lead vocalist and was not only
connected to him.[14]
Because the mark is general and not distinctive, even if Gene Simmons had
relocated the application for registration, it wouldn't have proven successful.
According to Sec 9(1)(a) from the TM Act of India, 1999, which deals
with the absolute grounds for rejecting a mark's registration, a mark that
lacks any unique quality and cannot be used to differentiate one commodity or
service from another is not eligible for registration. The caveat to Section
9(1) makes it clear that a mark cannot be denied registration if it has
developed a unique character through usage. Additionally, a mark wouldn't be
qualified for registering if it is of a character that confuses or deceives the
public, according to Section 9(2)(a). The Calcutta High Court considered
whether or not the appellants' cigarette mark, "Simla," had gained
uniqueness in Imp Tobacco Ind Ltd. vs Registrar Of Trade Marks[15]
because the term "Simla" is also the name of a major town in Northern
India. The Court rejected the request in registering, stating that proof
of uniqueness in trade is a prerequisite for registration. The fundamental requirement for registering
the trademark through the Registrar is distinctiveness.[16]
Being
distinctive takes time to develop. It takes more than a brief time to
demonstrate individuality. In a case involving infringement or passing off, it
is also necessary to demonstrate that the mark has become distinctive and that
the public connects it with the owner's products or services. Therefore, if
there is no prior use of a motion or action that can be linked to a
sportsperson exhibiting the mark's distinctiveness, it would be very difficult
for such motion/move to get registered as a trademark. While this
condition of uniqueness is easier to meet when trying to register traditional
marks, like word marks or device marks, for non-traditional markings, it must
be created gradually with a demonstrated usage of the mark.
Nothing
that says IP Office of India's official website
indicates that a move or an action can be registered as a trademark.
Furthermore, the website cites international agreements, treaties, court
rulings, and textbooks authored by scholars and industry professionals as
references for addressing the question of where trademarks originate. As seen
by the aforementioned instances, trademarks have been applied to marks that are
essentially the acts of athletes. This implies that, provided the desired trademark
satisfies the first two conditions, the potential of registering a celebration
action as a trademark cannot be ruled out in the instance of India.[17]
ORIGIN SOURCE AND INDICATION
Anything
that is used to identify a certain commodity or service and that our senses are
able to detect is covered by trademark protection. The significance of this
comment increases in the wake of the Qualitex ruling.[18] The
fact that scent, sound, touch, shape, and other markings can all be
successfully registered serves as evidence that this claim is true. A
noteworthy study on this topic is by Skott Keiff, Karmer,
and Kunstadt, who contend that triumph celebrations and other sporting
behaviors ought to be protected as trademarks in theory. As a matter of fact,
they inform us of the third prerequisite for sporting moves to be listed as
trademarks, which is the ability to identify to the general public a specific
good or service that has become connected to such a move.[19] Under
trademark law, a move would not be protected if it could not be used to
identify the point of origin or source of goods or services.
But
the largest obstacle to trademarking a sportsperson's celebratory gesture is
this third criteria. This is because the celebratory move seems to be
unattached to a product or service. In what way may a move in sports be used to
identify the origin or source of specific goods and services? We can get a lot
of assistance from modern technologies in addressing this query. To get
customers to associate the specific motion and the celebrity doing
that with the service or product, a footage of the celebratory move,
for instance, could be aired during an advertisement for a product or service.
A product on an online store may also have a video attached to it so that the
product's celebration move plays in unison each time a user clicks on the good
to see or order it.
Athletes
may also use their trademark dance or move to demonstrate how to use a brand's
goods while promoting it in an advertising.[20] In
essence, what this accomplishes is assist in forging a mental connection
between the particular service or product and the athlete's trademark move,
which produces the second impact of the consumer identifying the exact move
with only that specific good or service. This footage could potentially be
recognized under a multimedia mark for trademark protection.[21]
Several images are projected as a single moving picture using multimedia
markers, also called moving marks. The images are shown together quickly.
Moving marks used to be registered by applying every image individually as a
trademark separately.
This
was due to the fact that moving marks were previously exclusively protected by
copyright laws, and trademark law did not recognize the idea of registering a
movement as a single mark. This has altered, though, as trademark laws have
grown. Multimedia and moving mark registration has been pioneered by the United
States office of Patent and Trademark. These include Lamborghini's registration
of its doors opening, that spin vertically rather than externally, and
Microsoft's registering their motion with the three primary colors
whirling to create the Microsoft logo. The animation that appears when two
hands reach out to each other on Nokia phones is another recognized multimedia
mark. The fundamental component of TM laws in India is identifying
the origin of a commodity.
HINDRANCES
The
three requirements listed above aren't the only obstacles in the way of
registering a celebration motion as a trademark. For instance, we must
acknowledge that a sportsperson's action is not being branded when registering
it as a multimedia mark. It would instead be the entire footage of the athlete
making his celebratory move that would be registered. It is clear that a
bodily/Physical move cannot be branded based on the current international
trademark laws. The only way to trademark physical movements is implicitly.
Examples of athletes who have registered their bodily/physcial moves as an
image marks for use on apparel, accessories, footwear, and other items include
Jesse Lingard and Usain Bolt.[22] These
athletes demonstrate an enlightment of trademarking of the
bodily/physical move as a trademark.
As demonstrated
by the aforementioned examples, we are able to trademark a signature motion in
the form of multimedia markings and 3-D marks thanks to modern technology. Take Michael Jordan, one of the greatest
basketball players ever, as an example. The "Air Jordan" slam dunk, a
characteristic action of Michael Jordan, is now utilized as a device mark on
Nike merchandise.[23] It
wouldn't be difficult for basketball fans to surmise that, should another
player attempt to imitate Michael Jordan's motion, they may also suddenly be
connected to Nike or perhaps Michael Jordan's brand identity.
The
majority of IP offices worldwide also concur that giving a trademark to a
physical movement or action carries the risk of giving the trademark holder a
monopoly on particular elements that are easily copyable by rivals, whether on
purpose or not. Consider Usain Bolt's "Lightning Bolt" position.
Usain would have been able to sue hundreds or maybe thousands of people who had
copied his stance throughout the years if the actual move had been protected by
a trademark.
CONCLUSION:
The
possibility of registering a sportsperson's celebratory move is restricted by
trademark rules in India. Sadly, there are insufficient legal provisions in
India for the registration of non-traditional motion marks. In contrast, the
EU had significantly stronger legal frameworks in place to support the
trademarking of unconventional marks. In India, a mark can only be
registered as a trademark if it is pictorial in nature. Although this
requirement restricts what is eligible to trademarked, this serves as a
necessary prerequisite to prevent the registration of meaningless marks.
Therefore, in order for a joyful gesture, action, or other movement of the body
(or object) to qualify for registered as a trademark, it must invariably
satisfy the specifications of pictorial representation, distinctiveness, and
identifying the source or origin of the same.
There
is a belief that registering a non-conventional mark as a trademark is more of
a marketing ploy than a true means of keeping a brand's reputation or image
safe from exploitation. However, protecting of any mark that is
naturally distinct gets crucial due to the internet's rapid
growth and the emergence of social media platforms, where information is
readily shared in a matter of seconds. Furthermore, given how quickly the
landscape of the digital world is changing, it shouldn't surprise us if
registering of non-distinctive marks becomes more common in the future. In the
end, these marks provide the mark holder the chance to generate and create an
asset that may be sold or licensed for a profit.
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Agarwal, R. (2023) Copyrightability Of Sports
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(Accessed: 1 April 2024).
[3] Trademarking Sportsperson
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Article Information
TRADE MARKING SPORTSPERSON CELEBRATION: THE APPLICATION OF TRADEMARK LAWS IN THE ARENA OF SPORTS
Authors: VASANTH S
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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