May 9, 2025
Sports is undoubtedly one of the most exciting and dynamic industries in the world: billions of fans, multimillion-dollar contracts, and a wide range of merchandising. In this sector, brands, clubs, and athletes have a growing interest in protecting their image and products.
Intellectual Property (IP) plays a fundamental role in this process. Only IP ensures that the value of a brand, product design, or even the identity of a club or athlete is properly safeguarded.
A intersecção entre o RGPD e a propriedade intelectual não é meramente teórica. No exercício prático da proteção de marcas, patentes, desenhos ou direitos de autor, surgem múltiplas situações em que a recolha, o tratamento ou a partilha de dados pessoais são parte integrante do processo. Esta realidade obriga a uma leitura técnica e estratégica que considere não apenas os direitos associados à criatividade e à inovação, mas também os direitos fundamentais à privacidade e à proteção dos dados pessoais.
Sports go far beyond the competition itself. It is a global industry generating billions. Within this industry, the image and reputation of athletes, clubs, and brands are fundamental to success. To protect this value, it is essential to adopt effective IP strategies, ranging from trademark registration to rights management, including image rights.
Some sports brands, such as Nike, Adidas, and Puma, are examples of major companies that understand the importance of protecting their brands and products. Trademark registration grants exclusivity in the use of symbols, logos, and slogans.
When a sports brand registers a logo or name, it ensures that no one else can use these elements for commercial purposes, preventing the brand’s value from being diluted. Additionally, patent and utility model registrations are also essential to protect innovations in sports equipment or apparel, for example.
Sports clubs have a visual identity composed of logos, mascots, slogans, and colors. These are distinctive elements of great importance to their fans. IP ensures that these identities are legally protected, enabling clubs to control unauthorized use of their symbols and prevent third parties from benefiting from the club’s name and image without express permission.
Furthermore, trademark registration also protects product licenses, such as jerseys, scarves, or other merchandise items. By ensuring the club’s name is registered, it guarantees that only licensed partners can sell official products, preserving their value and image.
For athletes, IP is crucial in protecting their personal image, which can be a significant source of income. Image rights are a form of IP that allows athletes to control the use of their name, likeness, or image in advertising campaigns, products, and even on social media.
A good example of this is licensing agreements in which an athlete authorizes the use of their image for advertising campaigns or products of specific brands.
In some cases, a lack of IP protection can lead to legal disputes that affect the reputation and value of a brand or athlete. A classic example of this is when brands attempt to register logos similar to those already established, creating market confusion. In sports, such disputes can involve clubs, brands, and even fans who misuse logos or symbols without permission.
In 2024, the EUIPO (European Union Intellectual Property Office) launched the “Play Fair” campaign aimed at raising consumer awareness about the importance of choosing official sources to watch sporting events and purchase licensed products.
The campaign highlights how, by doing so, fans protect not only the rights of clubs and athletes but also their own safety. This is because some counterfeit equipment may contain toxic materials or fail to perform as intended. The Play Fair campaign focuses on reducing the circulation of unauthorized content or materials, ensuring the integrity of the sports industry and the protection of intellectual property.
