Sports has undergone a radical transformation in recent years, driven by the adoption of cutting-edge technologies.
Artificial intelligence (AI), for example, is revolutionizing sports training, enabling personalized performance analysis, injury detection and strategy optimization. We are talking, for example, about specific technologies such as footwear with adaptive cushioning, smart balls with motion sensors or video analysis systems for refereeing.
On the other hand, top-level athletes have understood the value of their personal brand, turning it into an intangible asset with great potential. Through sponsorship deals, advertising campaigns and social media presence, athletes generate significant revenue and expand their influence. This is what is called NIL, which stands for “Name, Image, and Likeness,” an expression that refers to the right that people, especially athletes and celebrities, have to control and benefit from the commercialization of their name, image, and reputation.
In the United States, college athletes have been fighting for the right to profit from their name, image and likeness while in college. Until recently, NCAA (National Collegiate Athletic Association) rules prohibited college athletes from receiving compensation for the use of their name, image or likeness, limiting their opportunities to earn money through sponsorship deals, advertising and other types of business ventures.
However, in June 2021, the NCAA changed its rules to allow college athletes to profit from their name, image and likeness. This means that athletes can now sign sponsorship deals, appear in commercials, and engage in other business activities that allow them to earn money while in college.
This evolution in NCAA rules reflects a broader shift in the way name, image and likeness rights are perceived and managed in sports and society at large. There is increasing recognition that individuals have the right to control and benefit from their identity and reputation, and laws and regulations are evolving to reflect this paradigm shift.
But not everything is opportunities. The digital age also presents new challenges for IP protection in sport. Sports broadcast piracy, product counterfeiting and illegal content distribution pose a significant threat to the industry. The implementation of effective copyright, trademark and patent protection strategies is essential to combat these illegal practices and ensure the sustainability of the sports sector.
Innovative initiatives to combat piracy and counterfeiting in sport include blockchain technology, which creates immutable digital records of ownership of authentic sports products. This allows consumers to verify the authenticity of products and makes counterfeiting difficult.
It is also possible to use labels and seals of authenticity with advanced technology, such as QR codes or NFC chips, which can be scanned by consumers to verify the authenticity of products.
Some people use watermarks and holograms on sports products to make them more difficult to counterfeit. These marks can be difficult to reproduce and serve as a clear sign of authenticity.
Some companies have implemented tracking and tracing systems for sports products throughout the entire supply chain. This allows counterfeiting to be identified and stopped at its earliest stages.
Finally, it is suggested to work closely with local authorities and law enforcement agencies to identify and stop the production and sale of counterfeit products, as well as to carry out educational and awareness campaigns aimed at consumers so that they can identify counterfeit products and understand the risks associated with them. With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.