- within Intellectual Property topic(s)
Modern athletes are among the most savvy when it comes to leveraging intellectual property to protect and commercialize their personal brands, particularly through trademarks. At its simplest, a trademark is any word, phrase, symbol, design, or combination of these that identifies the source of goods or services. Trademarks allow consumers to recognize who they are buying from and help businesses guard against counterfeiting and fraud. Increasingly, through trademarks, celebrities and athletes are not just protecting logos, but safeguarding key elements of their image, including recognizable gestures and catchphrases.
Chelsea FC star Cole Palmer recently secured UK trademark protection for his signature "shiver" goal celebration, a move where he crosses his arms "across his torso, performing a shivering motion by rubbing his hands up and down his upper arms repeatedly." (UK Trademark Registration: UK00004129108) The UKIPO granted this motion mark, which covers a wide range of goods and services, including clothing, alcohol, toys, and men's skincare.
Interestingly, Palmer is not the first athlete to perform the celebration, as players like Morgan Rogers, Trae "Ice Trae" Young, and Gleyber Torres have also used similar gestures. But Palmer's consistent use in high-profile matches and his rapid rise likely helped make the gesture distinctive enough for trademark protection in the UK. Importantly, the trademark only restricts commercial use of the celebration for the listed goods and services. It does not prevent fans or other athletes from performing the gesture on the pitch or in everyday life.
Palmer's UK trademark highlights a stark contrast with U.S. trademark practice, where a dance move or a gesture itself generally cannot be trademarked. U.S. trademark law focuses on source identification, meaning the mark must tell consumers who is providing the goods or services. Because anyone can perform a dance move or gesture, they are considered poor indicators of commercial source.
In the U.S., while the actual dance or gesture is usually unprotectable, you may be able to trademark the image of a dance or gesture if it is incorporated into a logo and used to promote products or services. However, even highly visible pop culture figures who have attempted to trademark signature gestures at the United States Patent and Trademark Office (USPTO) have faced significant hurdles.
For example, hip-hop mogul Jay-Z filed a USPTO application for his signature "diamond" hand symbol during a dispute with wrestler Diamond Dallas Page, who had previously sought to restrict its use. Another widely discussed attempt came from Gene Simmons, who sought to trademark the "devil horns" hand gesture but later withdrew the application amid public criticism and doubts about whether he could establish ownership or distinctiveness, particularly since the gesture is widely associated with fellow rock icon Ronnie James Dio.
However, athletes have successfully leveraged U.S. trademark protection by securing rights in their names or the names of their signature moves. This practice follows precedents set by numerous public figures, such as LeBron James' "King James," Michael Jordan's "Jumpman," and Tom Brady's "TB12," all of whom have safeguarded assets of their brand. Furthermore, professional athletes known for their signature end zone moves have successfully trademarked the name of the move, such as Tebowing® and Kaepernicking®.
Palmer's UK trademark illustrates the growing importance of personal branding in sports. When a celebration becomes strongly tied to an athlete's identity, securing trademark protection can be a powerful tool for controlling commercial use and preserving long-term brand value. And while U.S. protection for Palmer's shiver celebration may not be available under current standards, his UK registration marks an interesting development in the evolving landscape of international trademark protection.
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