The world of sports and intellectual property law has intersected in intriguing ways and Cole Palmer’s trademark application for his signature ‘Cold Palmer’ goal celebration offers a fascinating case study.
This legal move highlights how athletes are increasingly leveraging intellectual property rights to protect unique aspects of their personal brands.
What is a Trademark and How Does it Work?
Under UK law, a trademark is a form of intellectual property that protects distinctive signs, including names, logos and gestures, that identify and distinguish goods or services. Cole Palmer has sought to trademark his celebration gesture by submitting a video to the Intellectual Property Office (IPO), a non-traditional approach to registering a trademark.
This trademark will give Palmer exclusive rights to commercialise his celebration through merchandise and licensing deals, ensuring its use in commercial ventures is under his control.
Can Celebrations Be Protected by Copyright?
Copyright law in the UK protects “original literary, dramatic, musical, and artistic works.” While a goal celebration could theoretically qualify as a dramatic performance, claiming copyright over such actions is fraught with difficulties.
For example, Palmer’s inspiration for the celebration reportedly came from his former teammate, Morgan Rogers. Even if Rogers were to argue copyright over the gesture as a performance, proving originality and enforceability under copyright law could be challenging.
Limitations of Trademark Protection
Palmer’s trademark aims to protect the celebration within the commercial sphere, such as its use in merchandise or promotional materials. However, it does not extend to its use on the pitch. This means that fellow footballers, fans, and even players in other sports can mimic or pay homage to the celebration without infringing on the trademark.
As intellectual property lawyer Ben Milloy explains:
“What we’re focused on really is Cole Palmer being able to stop people from using it off the football pitch in the commercial sphere.”
Broader Implications for Sports Branding
Trademarking celebrations is part of a broader trend in sports branding. As players increasingly develop their personal brands, protecting unique gestures or names becomes essential to maintain control over their commercial use.
However, this raises questions about the line between public performances and private ownership. While Palmer’s move sets a precedent for athletes in the UK, it highlights the need for clarity in how non-traditional trademarks are handled within the legal framework.
Header image: BBC News