In January 2017, the Italian football club Juventus unveiled a new club crest. The familiar silhouette of a charging bull against the fabled black and white stripes will now be replaced by a black and white letter J in the shape of a shield. Speaking about the new crest, Juventus’ club president, Andrea Agnelli, stated that: “this new logo is a symbol of the Juventus way of living. We spent a year trying to find out what the new markets want, but also to show a sense of belonging and looking to the future.”
Yet the new badge has not proved to be universally popular. Many questioned why the club needed to replace its present badge, the constituent elements of which have been used since the 1930s (save for a period in the 1970s and 1980s when the iconic bull – a symbol of Turin – was replaced on the shirts of La Vecchia Signora by a zebra).
The redesign showed the perils of football clubs departing from tradition, particularly where the club crest is concerned. Popular opinion may, however, be the least of a club’s concerns. A number of cases show the importance of bearing in mind the legal implications that may arise as a result of the use, or change of, a football club’s crest.
In the United Kingdom, the vast majority of professional (and some amateur) clubs’ crests will be covered by copyright. UK copyright law primarily seeks to protect the expression of ideas, particularly in the form of original works. Copyright is an unregistered right which arises automatically as soon as the relevant work is created. In short, it seeks to prevent parties from copying (and making a profit from) other parties’ original creations. UK copyright law is set out in the Copyright, Designs and Patents Act 1988 (the “CDPA”).
Football club crests may also be registered as trade marks (both under UK and EU legislation). A trade mark registration provides the club with a statutory right to the exclusive use of the trade mark in respect of the goods or services for which it is registered. Broadly speaking, such a registration affords the club a monopoly right to sue for trade mark infringement any person who uses, in the course of trade without permission, any identical or confusingly similar mark or sign in connection with identical or similar goods or services to those for which the trade mark is registered. Even where a trade mark is not registered, a club may seek to protect its brand by bringing a common law passing off action to prevent a third party’s use of the mark.
Football clubs across the world, particularly those at the elite level, take the protection of their intellectual property very seriously. It is therefore not surprising that there have been a number of legal quarrels regarding the use (or misuse) of football crests:
“Barcelona are right. The club logo is identical to that of Barcelona. It was a mistake, a copy-paste, so we will change the logo. I wanted to change it anyway as supporters were not happy with the new logo. We will return to our old logo which we played with in the Champions League and won the championship and Super Cup. We are obliged to Barcelona [to change it] because we received notice from Barcelona. Someone from Barcelona saw the logo and they sent us a notice.”
- For clubs of the stature of FC Barcelona, brand protection is of the utmost importance. Given the vast sums brought in from commercial revenue, it is imperative that clubs takes a strong stance against potential infringements of their intellectual property. In this case, Galati found out just how seriously FC Barcelona takes such potential infringements.
- In 2014, it was reported that DC Comics, the creator of Batman, had filed an official complaint with the OHIC (the European Union’s trade mark registration organisation) over the reworking of Valencia CF’s club crest. The new badge was reported to have contained a bat that DC Comics considered to be very similarto the “bat signal”. On 25 November 2014, Valencia sought to provide clarification on the reports and issued a club statement that stated that:
“1. In 2012, Valencia CF applied to the Office of Harmonisation of the Internal Market (OAMI) for trademark registration of a new bat design, to be used for a line of casual clothing. During the registration process, DC Comics filed an objection to our trademark registration. There is no lawsuit, nor any claim by DC Comics against VCF.
2.Without prejudice to the aforementioned matter, the new bat design is currently not used – and is not planned for future use – by the club.
3. For purposes of clarification, a bat has been incorporated into the Club’s official crest since 1922. The official crest and the bat have been trademark registered worldwide and their use has not been subject to any legal challenge.”
- Despite Valencia CF having used a bat in its club crest for almost a century, DC Comics’ concern at the club’s proposed reworking of the crest for its casual clothing line appeared enough to dissuade the club from taking any further steps in that direction.
- Not all club crest cases relate to infringements of intellectual property. In 2015, the Scottish club Ayr United was reported to have been threatened with legal action after being told that its badge breached an ancient heraldic law. The club was accused of breaking a law which dates back to the time of King Charles II, as its crest was alleged to be an unregistered coat of arms. It was reported that a supporter of a rival team lodged the complaint before the ancient Court of Lord Lyon, leaving Ayr United to fight to keep their crest on their shirt. Alexander Green, the Procurator Fiscal to the Court of Lord Lyon, said that he had advised the club on potential changes it could make so as to avoid breaching the law: (a) apply for a grant of arms from the Court of Lyon (b) render the current badge so as to be non-heraldic or (c) to redesign it so as to be non-heraldic.
- Perhaps even more bizarre was the furore that surrounded the U.C. Sampdoria club crest in 2009. Its club crest consists of blue, red, white and black stripes sitting behind a black profile. That black profile is of a sailor (the lupo di mare) smoking a pipe. That sailor is known as Baciccia, a dialect title for John the Baptist, the local patron saint. In this author’s view, Baciccia rounds off one of the most consistently aesthetically pleasing football kits of all time. Yet in 2009, Baciccia roused the ire of an anti-tobacco group that tried (but failed) to have the pipe removed from Sampdoria’s crest for reasons related to the crest’s purported promotion of tobacco smoking. The crest was temporarily moved to the sleeve of the La Samp shirt but has since been reinstated on the front of the shirt, with pipe still in place.
Given the importance of brand recognition to football clubs, it is no surprise that they go to great lengths to ensure that their brands are protected. That will of course involve the use of intellectual property protection, together with an often aggressive approach to any possible infringements. In this respect, individuals and organisations must be incredibly careful about using or reproducing club crests without permission.
However, as referred to above, club crests can cause several other legal concerns. Ancient heraldry laws or comic-book franchises may not, forexample, be top of a club’s list of concerns when considering a new crest. Despite the negative public opinions regarding Juventus’ new crest, club officials will surely hope that the club’s attempts at appealing to millennials and to new markets through the implementation of the J shield will not involve the contravention of any ancient laws. On the other hand – too jazzy?
FAQs
These logos and symbols are apart of a clubs intellectual property. You cannot use it without permission. Look at it this way. These logos are famous because these clubs by their exploits have increased their brand recognition worldwide.
Can I use the Premier League logo? ›
The trade marks, logos and brand names shown on the Website are owned by us or our suppliers, partners or member Clubs. No rights are granted to use any of them without the prior written permission of the owner. You may register for an Account.
Can I use England football logo? ›
Only our official partners, sponsors and licensees are authorised to use these marks. What is counterfeiting?
Is the england Football badge copyrighted? ›
In the United Kingdom, the vast majority of professional (and some amateur) clubs' crests will be covered by copyright.
Can you use team logos without permission? ›
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.
Can I use a team logo for personal use? ›
In short, you cannot use the logos of the NFL on anything. That is, you cannot use the logos without the express permission of the NFL. The logos of the various teams of the NFL are trademarks that are owned by the NFL. As such, the only way to use the trademark of another without liability is with their permission.
Can I use Champions League logo? ›
The Official Marks may only be used for editorial purposes, namely for the purpose of identifying or illustrating articles about, or news coverage related to, UEFA and/or its competitions.
Can you sell something with a sports team logo on it? ›
The team name itself is usually a registered trademark, even in the absence of a logo. This is called a wordmark. A wordmark is every bit as protected, and protectable, as a logo. A license is required to sell any item using the mark.
Are football club badges copyrighted? ›
If you reproduce an emblem in a way which still makes it recognisable as the club emblem then that could well lead to either a trade mark infringement or passing-off claim, because such marks are likely to be registered in, amongst other categories, Class 20 (includes things like plaques) and class 28 (badges etc).
Is the Liverpool badge copyrighted? ›
As such, our club crest, playing kit and merchandise is instantly recognisable. We have registered our club crest and other LFC intellectual property as trademarks around the world.
If you wish to use the club name, crest, logo or any other LFC image on a commercial product, please forward your request to licensing@liverpoolfc.com. If you have a request to use the crest, logo or any other image or content on an individual basis then please email brand.protection@liverpoolfc.com.
Are NFL team names copyrighted? ›
Most terms associated with the NFL are trademarked. For example, team names, logos, Super Bowl Sunday, and Super Sunday, and many more. These marks cannot be used in association with your advertising if you are not an official NFL sponsor.
Is the word NFL copyrighted? ›
“NFL,” “AFL,” and the names and nicknames of all NFL teams are also registered trademarks, owned by the NFL. In fact, even if the terms are not used, it could be considered a copyright violation if the game is broadcast on a screen larger than 55 diagonal inches, or requires payment by viewers.
What happens if you use a logo without permission? ›
Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of the trademark.
What is considered logo infringement? ›
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Can I sue if someone uses my logo? ›
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
Can I sell items with NFL logos? ›
If you want to sell items related to the NFL but don't want to make your way through the licensing process, you should understand that the NFL will likely shut down your store if they find you are using their trademarks without approval.
How close can a logo be and not be a copyright infringement? ›
The 20 Percent Rule. If you're interested in trademarks and design, you may have heard that you only need to alter a logo by about 20 to 25 percent in order to claim it as your own. It can be inspired by a logo that already exists and is in use as long as it differs enough that it appears to be its own design.
What happens if you use someone else's logo? ›
You can usually get permission to use someone else's intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someone's trade mark, patent, copyright or design without their permission is known as ' IP infringement' and could lead to a fine, prison or both.
How do I get permission to use NFL team logos? ›
To seek our permission, you may write to Legal Department, Attn: NFL.com, National Football League, 345 Park Avenue, 7th Floor, New York, NY 10154.
Does Nike Permit Use of Its Trademarks, Logos, Images, or Advertising? Nike does not permit other parties to use or modify its trademarks, images, logos, advertising, or other such materials.
How are sports logos protected? ›
Sports logos and mascots using terms or images that may be offensive to Native Americans, African Americans, or other racial and ethnic groups are generally protected by the First Amendment.
Can a sports league be branded? ›
The brand of a sports league can help build the reputation for the sport itself. How do leagues approach branding, licensing and business growth through design?
Is the Champions League logo copyrighted? ›
The UEFA Cup Final Logo (hereafter “the Logo”) is valuable intellectual property of UEFA and is protected by national and international laws and conventions on copyright and trademarks.
Can I use a sports logo? ›
Yes, you will absolutely need to get the permission of the leagues before you can use their trademarked logos in any product that you intend to create. You should secure the services of a licensing or rights clearance company, and get yourself a lawyer immediately.
Can I put a logo on a shirt and sell it? ›
In short, if a design is copyrighted, you shouldn't start selling it or something similar in your shop. Only the owner of that exclusive design has the authorization to monetize it. This doesn't just go for t-shirt designs either.
Can I sell handmade items with logos on them? ›
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases -- even against a small, localized business.
Can you make and sell NFL logos on Etsy? ›
The NFL explicitly states these items are trademarked: What is this? Unfortunately for crafters, the NFL does not offer hobbyist or small business licensing. The NFL has several criteria that must be met before a license is issued.
Can I use sports team logos on my website? ›
The short answer is: Yes, you can. But we get it. Using third-party logos and other Intellectual Property (IP) assets can feel risky. After all, no one wants to be a party to unintended infringement cases.
Are emblems copyrighted? ›
The U.S. Copyright Office applies this even to edicts of sub-national governments or foreign governments. Emblems of official bodies or sub-national entities not defined in such official publications may be copyrighted.
Trademark. In November 2008, Liverpool Football Club filed an application with the UK Intellectual Property Office to register the version of the liver bird shown on the club badge as its trademark.
Is Arsenal copyrighted? ›
Summary. Arsenal FC is a football club, which owns registered trademarks. Matthew Reed had sold souvenirs bearing the registered trademarks of the Arsenal FC.
Is Arsenal trademarked? ›
The trademarks of Arsenal Football Club are registered throughout the world, and their use on unapproved products without permission is considered counterfeiting and warrants legal action.
Can I use the arsenal logo? ›
The trade marks ARSENAL, GUNNERS, the Arsenal shield, the Arsenal Soccer Schools logo, the Gunnersaurus logo and all other related service marks, trading names or other trade marks relating to Arsenal Football Club's products and services are owned by The Arsenal Football Club PLC and may not be used without their ...
Is Liverpool badge a dragon? ›
The bird on the Liverpool crest is the Liver bird, a mythical creature that also serves as the iconic symbol of the city of Liverpool. The Liver bird has been representative of Liverpool for over 800 years, and appears on the city's arms.
Which paper is banned in Liverpool? ›
Widespread boycotting of The Sun, alongside the News of the World, soon followed. The newspaper is widely known as The Scum within Liverpool.
How do I get my coaches to see my highlights? ›
Share your Video on Social Media
“Keep your social media sport-centric,” he adds. “Re-tweet about your sport.” Drake also recommends athletes tag coaches and tweet them, especially if they have had contact. “Pinging a coach might get them to check you out,” he says.
What black person owns a NFL team? ›
Of the league's 32 teams, Jacksonville Jaguars' Shad Khan and the Buffalo Bills' Kim Pegula are the only minority non-white owners.
Can I use a sports team name? ›
Can I Trademark a Sports Team Name? In short: Yes, you can trademark a sports team name. "New York Yankees" is a registered trademark for a line of sports exhibitions. Sports team names often serve as the name of a business.
Is the Buffalo Bills logo trademarked? ›
The logo was registered with the trademark office in 1976 in the following categories: Entertainment services featuring the broadcast and exhibition of professional football games. Trading cards.
Simple: They cannot say “the Super Bowl” unless they pay for that privilege, because it is a registered NFL trademark and has been since 1969. The league also owns the term “Super Sunday,” all the team names, logos, and uniform designs, and the Super Bowl shield graphic.
Why can't companies say Super Bowl? ›
That's because the National Football League (NFL) trademarked the phrase “Super Bowl” back in 1969. The NFL considers any commercial activity that uses the term “Super Bowl” to be in violation.
Can I make and sell NFL shirts? ›
Licensing for NFL Apparel
An application to become a licensee of the NFL can be completed on the NFL website. Your application provides pre-qualification information that is used to assess whether you qualify to sell goods that include the NFL trademark.
Can I sell something with a team logo on it? ›
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases -- even against a small, localized business.
Are logos Fair Use? ›
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.
Can you get sued if a logo is similar? ›
Trademark lawsuits are often active in court as a result of similar logo designs. The standard for trademark infringement is based on the likelihood that consumers would confuse the logos and brands because there is not enough to sufficiently differentiate the two.
How much do I have to change a logo to avoid copyright? ›
The 20 Percent Rule. If you're interested in trademarks and design, you may have heard that you only need to alter a logo by about 20 to 25 percent in order to claim it as your own. It can be inspired by a logo that already exists and is in use as long as it differs enough that it appears to be its own design.
What is the golden rule for logos? ›
The golden rules of logo design
- Lay the groundwork. ...
- Value your sketchpad. ...
- Start in black and white. ...
- Keep it appropriate. ...
- Aim for easy recall. ...
- Strive for difference. ...
- Consider the broader brand identity. ...
- Don't be too literal.
Logo theft is a violation that occurs when one party steals or uses another party's trademarked logo without their permission. This is a more specific term for trademark infringement, and can take many forms. It typically involves the theft of a trademark or a service mark.
Can you make and sell items with sports logos? ›
Selling a team's logo or likeness without a license is illegal. This is the general premise: You cannot make money off a sports team without permission from that team.
In January 2017, the Italian football club Juventus unveiled a new club crest. The familiar silhouette of a charging bull against the fabled black and white stripes will now be replaced by a black and white letter J in the shape of a shield. Speaking about the new crest, Juventus’ club president, Andrea Agnelli, stated that: “this new logo is a symbol of the Juventus way of living. We spent a year trying to find out what the new markets want, but also to show a sense of belonging and looking to the future.”