By: Brianna Marquinez
Kylian Mbappé, French soccer superstar, has registered a European Trademark (“EUTM”) for his legendary goal celebration pose. This registration joins many other trademarks already in his collection, including his name, company logo, and famous quotes. Since Mbappé has registered a plethora of trademarks, there has been growing discussion about how intellectual property protection effects the image and brand of professional athletes, and how this protection can affect the ways that fans acknowledge famous players.
Since the beginning of his professional career, Kylian Mbappé has celebrated each of his goals by running to the corner of the soccer field, tucking his hands underneath his armpits, and standing proudly. Soccer fans around the world have learned to acknowledge this pose as belonging to Mbappé, and many have looked to put this pose on clothes, hats, bags, and other products. In an attempt to protect this pose from commercial exploitation, Mbappé sought a trademark with the European Union Intellectual Property Office (“EUIPO”) in early 2024. Since 2008, the World Intellectual Property Organization (“WIPO”) has established new types of marks, creating two categories of trademarks: visible and non-visible. Within the category of visible marks, gesture marks are recognized, allowing Mbappé’s celebration pose to be eligible for trademark registration. An EUTM provides exclusive rights in all 27 countries of the EU, “a market of almost 500 million consumers.” Additionally, an EUTM registration gives the owner a trademark that is “valid in all EU countries for 10 years.” With a grand total of seven trademarks, Mbappé has the most EUTMs of any soccer player.
Trademarks have become increasingly popular among professional athletes because they are “used in the course of trade to distinguish the goods and services of a company from those of competitors,” while simultaneously indicating “the commercial origin of a product.” Allowing professional athletes to obtain trademarks for their intellectual property grants them the ability to enforce trademark infringement on businesses that sell counterfeit goods without the athlete’s approval. This legal protection provides professional athletes with control over how individuals and companies are allowed to use their image, and it also implements a way to take legal action against those profiting from using an athlete’s image without their consent. Being able to manage their name and brand is essential for professional athletes to guarantee that their name is used in ways that align with their personal beliefs and values, especially as they gain popularity and transcend into fame in the sports world.
While most outcomes of trademark registration for professional athletes are beneficial, some have negative effects. Namely, a trademark protection strategy may limit the ability of sports fans to praise or criticize athletes without facing legal backlash. For instance, if a fan was selling merchandise with an athlete’s trademarked image on it, the athlete could enforce their trademark and seek punishment for the commercial exploitation of their brand without their permission. Owning a trademark allows a professional athlete to determine if they want to enforce it against those they feel take advantage of their name and brand in a negative way, and this could include the efforts of sports fans to address their favorite, and least favorite, players.
In order for Mbappé to maintain control of his brand and image as one of the greatest soccer players in the world, it would be wise for him to obtain trademarks as protection from commercial manipulation. If he fails to trademark his intellectual property, anyone could make, sell, offer to sell, or license any product regarding Mbappé without his consent or approval. Many professional athletes often wish to grow their brand outside of their sport, and a great way to do so is to secure their intellectual property rights and seek commercial licensing opportunities. Not only does this protect their image and allow professional athletes to gain recognition in other industries, it also creates new potential opportunities for revenue and additional sources of income. As Mbappé continues to evolve in the sport of soccer and beyond, he will need intellectual property protection to preserve his name, and to enter into licensing agreements that will serve to promote his brand off the field.
Nonetheless, Mbappé should be careful when asserting his trademark rights against his beloved fans. This would limit the free speech of his fanbase and restrict their ability to openly support a world-renowned soccer player. In theory, Mbappé could enforce his trademark rights against fans if he believed they negatively associated his name and brand with any merchandise, products, or other property. However, if the fans are not benefitting commercially, it would be advised that Mbappé allow fans to continue expressing their feelings and opinions however they feel best. If Mbappé chooses to enforce his intellectual property rights against sports fans, he could potentially isolate himself from his fanbase and force his fans to abandon their favorite player. To reduce the possibility of this happening, Mbappé should only enforce his trademark rights against those attempting to significantly denounce his name and inappropriately profit off of his image.
Mbappé’s celebratory goal pose trademark serves to demonstrate current branding trends of professional athletes. By obtaining a trademark for his pose and exploring his intellectual property rights, Mbappé is using legal protection to prevent counterfeit goods from being entered into the marketplace, condemning commercial manipulation, and preserving his name and image. Although he should take precaution when enforcing his trademarks against fans, Mbappé continues to shape the future of intellectual property protection for professional athletes by obtaining trademarks and restricting the ways in which his brand can be used. Trademarks are crucial for professional athletes, and if used correctly, they can maintain positive brand image, reduce commercial exploitation, and produce generous revenue.
Student Bio: Brianna Marquinez is a second-year law student at Suffolk University Law School. She is a staff member for the Journal of High Technology Law and the Vice President of the Intellectual Property Law Student Association. Brianna received a Bachelor of Arts degree in English with a concentration in Rhetoric and Professional Writing from North Carolina State University in 2022.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
