Alphabet

Acknowledging the full extent of brand infringement, FC Liverpool has attempted to register a trademark for the word Liverpool in an attempt to extend its scope of brand protection. These efforts have been unsuccessful following a heated public debate, with the United Kingdom Intellectual Property Office (UKIPO) rejecting the application due to the geographical significance of the city of Liverpool. Yet, Chelsea FC and Tottenham Hotspur represent examples of football clubs that have succeeded in their efforts to register trademarks for the words Chelsea and Tottenham. This viewpoint explores the seemingly subtle, yet significant, differences in these cases and explores the wider implications for brand protection.

According to the Growth Trend Analysis and Forecast Report by MarketDecipher, the sports memorabilia market size will be US$26 billion in 2021, with NFT sports collectables currently estimated at US$1.4 billion, which is estimated to double its market size at a 100% growth rate and reach 2.6 billion in 2022. As a result, many professional NBA athletes such as Kevin Durant and King James LeBron are not missing an opportunity to further develop their personal brands by offering fans new ways to connect with them through ownership of unique digital assets.

This case study focuses on the battle fought by Adidas to protect its mark in the form of three stripes, exploring the implications of the historical as well as more recent decisions of the court.