- within Intellectual Property topic(s)
- in United States
- with readers working within the Healthcare and Law Firm industries
- within Insolvency/Bankruptcy/Re-Structuring, Food, Drugs, Healthcare, Life Sciences and International Law topic(s)
Introduction
Behind every product, service, or business, there is an intellectual property component. This is not any different for sport business. By sport businesses, we mean all commercial activities in sports. So, whether you are running a football club, tennis club, a sport academy, sport league, sport marketing company, athlete management firm, sport broadcast channel, etc., this toolkit provides a concise outline of the IP rights relevant to your business.
1. Trademarks
We assume you already know this. A trademark is a word, device, name, brand, or logo with which you operate as a sport business. This could be the name of your sport club, team name, logo and crest, slogan, tournament name, athlete brand name, or even hashtags. It is important to have these marks registered in the appropriate trademark classes to ensure that they are protected from expropriation by third parties.
2. Copyright
This is your money engine. Your sport events are also protected by copyright. This includes broadcast footage, promotional videos on social media, website content, match recordings, training manuals, photographs, graphic designs, software, apps etc. Your fans and supporters subscribe to these products. They constitute your major stream of revenue as a sport business and therefore deserves careful protection from the hydra of piracy.
Copyright is automatic once the work is created. However, there is a facility for registration at the Nigerian Copyright Commission. Registration confers additional legal benefits.
3. Image Rights
Your athletes are also walking IP assets. Their character and personality cannot be exploited without your consent. This includes their names, signature, nickname, image, voice, and even mannerisms. A third party cannot use these without your consent. You can exploit these using Endorsement Agreements or Image Licensing Contracts.
4. Domain Names and Digital Assets
This is your unique internet identity. If you have an official website (as we presume you do), it is important to ensure that your domain name is closely associated with your brand. For instance, if the name of your Tennis Club is “Nigeria FC”, you should have a domain name that reads “nigeriafc.com” or something similar. Using a disassociated domain name may be difficult to enforce in case of cybersquatting.
5. Trade Secrets
Every business has secrets, and we know you have yours. It is important to ensure that these are well protected. Use Non-Disclosure Agreements, Confidentiality Clauses, and Data Security Protocols to ensure the safety of your trade secrets. Trade Secrets once divulged begin to lose their commercial value.
6. Enforcement
It is also important that as a sport business, you have an active IP enforcement team. This team would be on standby, conducting market surveys and combing the internet to ensure that none of your IP rights is being exploited unlawfully. Upon getting notice of the infringement, it is also the duty of this team to inform the appropriate regulatory agencies and take the necessary legal steps to stop the infringement.
The foregoing is merely for informational purposes. Depending on the situation you are dealing with, you may require specific expertise on the best course of action available to you in protecting your IP rights. We hope you find it useful in your business.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]