College and university athletics have never been more commercially visible or more legally complex. From nationally televised games and conference realignment to the rise of name, image and likeness (NIL) opportunities, institutional brands are used, licensed and challenged at unprecedented levels. At the center of this activity lies trademark law.<\/p>\n\n\n\n
Trademark law protects the names, logos, slogans and other brand identifiers that distinguish an institution and its athletic programs. Understanding trademark basics \u2014 such as knowing lax enforcement can erode trademark rights \u2014 is essential for colleges and universities seeking to protect their brands, monetize them effectively and avoid costly disputes.<\/p>\n\n\n\n
Read on for an overview of key trademark principles as they apply to collegiate sports.<\/p>\n\n\n\n
Why Trademarks Are Important in College Sports<\/strong><\/p>\n\n\n\n A trademark is any word, phrase, symbol, design or combination thereof that identifies and distinguishes the source of goods or services. Trademarks used for services are also called \u201cservice marks.\u201d In the context of college sports, trademarks typically include university and team names, logos, mascots, seals and slogans.<\/p>\n\n\n\n Athletic trademarks are among a university\u2019s most valuable assets. They drive:<\/p>\n\n\n\n At the same time, high visibility increases the risk of infringement, counterfeiting and brand dilution. Institutions that fail to actively manage and enforce their trademarks may face weakened or lost rights.<\/p>\n\n\n\n Trademark Preclearance<\/strong><\/p>\n\n\n\n Before rebranding or adopting and applying to register a new trademark, colleges and universities should conduct a legal preclearance analysis. This process evaluates whether the new mark may infringe on another party\u2019s trademark rights and assesses its likelihood of registration at the U.S. Patent and Trademark Office (USPTO). Obtaining preclearance is a cost-effective way to reduce legal risk before investing heavily in a problematic new mark. It also is essential to building a valuable trademark portfolio.<\/p>\n\n\n\n Registration and Portfolio Management<\/strong><\/p>\n\n\n\n In the United States, trademark rights arise from use in commerce rather than by mere creation. The U.S. recognizes common law trademark rights, meaning registration is not required to assert rights in a mark so long as it is actually used in commerce. However, obtaining federal registration with the USPTO offers additional protections and enforcement advantages and is therefore generally recommended. These advantages include:<\/p>\n\n\n\n A trademark registration may last indefinitely, provided the owner continues to use the mark in commerce and timely submits all required maintenance filings to the USPTO.<\/p>\n\n\n\n Colleges and universities should periodically audit their trademark portfolios to ensure that key marks are registered for the institution\u2019s core goods and services, are properly maintained, and align with current<\/em> brand standards. Similarly, institutions should ensure they continue to use their registered marks as source identifiers in order to maintain their registrations.<\/p>\n\n\n\n Licensing, Merchandising and NIL Considerations<\/strong><\/p>\n\n\n\n Most institutions rely on licensing programs to monetize their athletic trademarks, such as through merchandise sales. Effective licensing requires clear quality-control provisions, ideally via a written agreement, and inadequate oversight of licensees by the trademark owner can jeopardize the owner\u2019s rights.<\/p>\n\n\n\n The NIL era has introduced new complexities to trademark licensing. While student-athletes may use their own names, images and likenesses for commercial purposes, they generally may not use institutional trademarks for commercial purposes without a license. Key considerations for trademark licensing in this context include whether and how student-athletes may reference the institution\u2019s marks in NIL deals and institutional approval processes for NIL activities.<\/p>\n\n\n\n Clear licensing frameworks and policies can help higher education institutions balance brand protection with opportunities. Colleges and universities should monitor for inconsistent or improper use of their marks, particularly by licensees and student-athletes, which could weaken trademark rights.<\/p>\n\n\n\n Enforcement and Brand Protection<\/strong><\/p>\n\n\n\n Trademark rights must be enforced to remain effective. Colleges should implement monitoring programs to identify unauthorized use of their marks or marks that are confusingly similar thereto; unlicensed and counterfeit merchandise; and misleading affiliations or endorsements.<\/p>\n\n\n\n Enforcement does not always require litigation. Many disputes can be resolved through cease-and-desist letters or negotiated agreements. However, inconsistent enforcement, or a lack of enforcement altogether, can erode trademark rights, making a strategic approach essential.<\/p>\n\n\n\n As the landscape of college athletics continues to evolve, trademarks remain a foundational legal asset. Proactive preclearance, registration, consistent use, thoughtful licensing and measured enforcement can help institutions protect their brands, mitigate risk and maximize commercial value. For questions about trademarks in college athletics, contact the author or a member of the Intellectual Property Practice Group<\/a> or the Higher Education Industry Team<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" College and university athletics have never been more commercially visible or more legally complex. From nationally televised games and conference realignment to the rise of name, image and likeness (NIL)…<\/p>\n","protected":false},"author":20,"featured_media":0,"template":"","tags":[],"industry_tax":[4453,4167,38],"insight_type":[2331],"international_tax":[],"location_tax":[],"media_role":[],"people_tax":[872,1996],"practice_tax":[112,4218,4281,4387],"publication_type":[],"site_tax":[2],"class_list":["post-100701","insight","type-insight","status-publish","hentry","insight_type-alerts","practice_tax-intellectual-property","practice_tax-intellectual-property-portfolio-management","practice_tax-trademark-advertising-copyright-litigation","practice_tax-higher-education-enforcement-regulatory-counseling"],"acf":[],"links_out":[],"links_in":[],"yoast_head":"\n\n
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