ABSTRACT

The NFL Shield. “You’ll never walk alone.” Ferrari’s prancing horse. All are examples of symbols or slogans used by international sport organizations to identify themselves to other organizations and, most importantly, to their fans. These symbols or slogans are trademarks. A trademark is defined by the Agreement on Trade-Related Aspects of Intellectual Property as “[a]ny sign, or combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings[.]” (Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994). This means that any symbol, such as the NFL’s shield or Ferrari’s prancing horse, or slogan, such as “You’ll never walk alone”, that identifies a particular organization to consumers and fans, can be protected by law to stop others from using those marks.

There are two general types of trademarks that are used in the sport industry: trademarks (also trade marks) and collective marks. Some countries distinguish between trademarks, which are reserved for goods, and service marks, which are reserved for services. Trademarks and service marks receive the same protection. Another type of mark is a collective mark, which is a trademark owned by an organization and is used by members of the organization to distinguish themselves as such.