Exploring IP Protection for Scoring Celebration Moves in Professional Sports
In the fast-paced realm of professional sports, athletes frequently develop distinctive goal celebration moves that evolve into iconic representations of their personal brand. The intersection of these celebratory actions and intellectual property (IP) law has become a key area of interest for athletes aiming to safeguard and profit from their signature moves.
Copyright Considerations
The question of whether sports celebration moves can be copyrighted has sparked considerable legal debate. Research indicates that these moves might be eligible for copyright protection if they fulfill specific criteria, such as originality and fixation. For example, a commentary in the Marquette Sports Law Review argues that sports celebration moves can be copyrightable, highlighting that these gestures exhibit a level of originality akin to traditional choreographic works.
Trademark Applications
In addition to copyright, athletes have sought trademark protection for their celebration moves to ensure exclusive rights and commercial advantages. A notable example is French footballer Kylian Mbappé, who has trademarked his famous goal celebration, characterized by crossing his arms and tucking his hands under his armpits. This gesture has become a recognizable element of his personal brand. Likewise, Chelsea midfielder Cole Palmer has begun the process of trademarking his “Cold Palmer” celebration, which features him rubbing his hands over his arms to simulate shivering. This trademark application covers a broad array of products, including clothing, toys, and cosmetics, underscoring the commercial potential of such IP protection.
Legal Implications and Considerations
While the trend of seeking IP protection for celebration moves is on the rise, it brings with it distinct legal challenges. The originality and uniqueness of the move are essential factors in assessing eligibility for protection. Furthermore, enforcing these rights necessitates careful navigation.