Trademarks, Influencers, and NIL: Why This Matters More Than Ever
The digital economy has transformed how brands, influencers, and athletes monetize their personal brand. With the rise of Name, Image, and Likeness (NIL) laws, individuals—particularly athletes and social media influencers—now have unprecedented opportunities to profit from their identity. However, this shift raises critical legal questions, particularly concerning trademarks and intellectual property (IP) rights.
Understanding the legal landscape is essential for businesses, influencers, and athletes to avoid costly disputes and protect their brands. Let’s dive into the key legal issues at the intersection of trademarks, influencers, and NIL rights.
Trademarks 101: The Basics You Need to Know
A trademark is any word, phrase, symbol, or design that identifies and distinguishes a brand’s goods or services. Registered trademarks offer legal protection and prevent others from using confusingly similar marks.
For influencers and athletes monetizing their NIL, trademarks play a crucial role in securing exclusive rights over their personal brand. For example:
A signature phrase used by an influencer (e.g., “Let’s Get It!”) could be trademarked.
A personal logo tied to an athlete’s name could receive trademark protection.
A nickname or hashtag associated with a public figure could become a protected brand asset.
The NIL Revolution: How Athletes and Influencers Are Monetizing Their Brand
Historically, college athletes were prohibited from profiting from their NIL. However, the Supreme Court’s 2021 ruling in NCAA v. Alston and subsequent state laws changed the game. Now, student-athletes can sign endorsement deals, license their NIL to brands, and even start their own businesses.
Similarly, influencers have been leveraging their online presence for brand collaborations, product lines, and sponsorships. With NIL rights expanding, trademark protection has become a necessity to prevent unauthorized use of their name, image, or catchphrases.
Trademarking Your NIL: Why It’s a Smart Move
Registering a trademark for your name, logo, or brand slogan can: ✔️ Provide legal ownership and exclusivity over your brand identity. ✔️ Prevent copycats from profiting off your likeness. ✔️ Open opportunities for licensing deals and brand expansion. ✔️ Add credibility when negotiating partnerships with major brands.
Brand Disputes: Where Influencers, Athletes, and Companies Clash
With more individuals securing NIL rights, trademark disputes are on the rise. Some key legal battles highlight the importance of understanding intellectual property laws:
Athletes vs. Schools & Leagues: Some universities have trademarked slogans or nicknames associated with athletes, leading to disputes over ownership rights.
Influencers vs. Brands: Some brands have attempted to file trademarks for influencer-created hashtags or slogans without their consent.
Celebrities vs. Copycats: Unauthorized NIL exploitation is a growing issue, with some public figures suing businesses for using their image or name without permission.
How to Protect Your NIL and Avoid Legal Pitfalls
For Influencers & Athletes:
✅ Trademark Your Brand Elements: If you have a unique name, logo, or phrase, consider filing for trademark protection. ✅ Read the Fine Print in Contracts: Ensure your NIL rights are clearly defined in endorsement deals and licensing agreements. ✅ Monitor Unauthorized Use: Keep an eye on how your name and likeness are used online, and take legal action if necessary.
For Businesses & Brands:
✔️ Obtain Proper Licensing: If using an influencer’s NIL, secure written permission and avoid infringement claims. ✔️ Avoid Confusingly Similar Marks: Conduct thorough trademark research before launching a campaign featuring an influencer or athlete. ✔️ Work with Legal Experts: Navigating NIL laws can be complex—consult a trademark attorney to ensure compliance.
Final Thoughts: The Future of NIL & Trademark Law
As NIL rights evolve, we can expect more legal challenges and landmark cases shaping the industry. Whether you're an influencer, athlete, or business, understanding the trademark implications of NIL is crucial for long-term success.
Want to secure your NIL rights? Consider trademark registration and proactive brand protection today! As an Intellectual Property attorney and a leading expert in emerging technologies, entrepreneurship, and digital commerce, I have helped over 200 clients protect their trademarks and navigate the complex legal landscape—contact me today to safeguard your brand!
Pablo Segarra, Esq.
